HL Deb 12 November 2003 vol 654 cc1393-4

Application of Part

21 This Part applies if the court has made a collection order and the order contains payment terms.

Application to fines officer for variation of order or attachment of earnings order etc.

22(1) P may, at any time—

  1. (a) after the collection order is made and before Part 7 applies, and
  2. (b) when he is not in default on the order,

(2) P may apply for—

  1. (a) the payment terms to be varied, or
  2. (b)an attachment of earnings order or application for benefit deductions to be made.

(3) No application may be made under sub-paragraph (2)(a) unless—

  1. (a) there has been a material change in P's circumstances since the collection order was made (or the payment terms were last varied under this paragraph), or
  2. (b) P is making further information about his circumstances available.

(4) On an application under sub-paragraph (2)(a), the fines officer may decide—

  1. (a) to vary the payment terms in P's favour, or
  2. (b)not to vary them.

(5)On an application under sub-paragraph (2)(b), the fines officer may decide—

  1. (a)to make an attachment of earnings order or application for benefit deductions, or
  2. (b)not to do so.

(6)If he decides to make an order or application he must vary the collection order so that it states reserve terms.

(7)The reserve terms must not be less favourable to P than the payment terms.

(8)A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.

(9)Subject to paragraph 23, the effect of—

  1. (a)a decision under sub-paragraph (4)(a), and
  2. (b)a variation under sub-paragraph (6),

Appeal against decision of fines officer

23(1) P may, within 10 working days from the date of a decision under paragraph 22, appeal to the magistrates' court against the decision.

(2)On an appeal under this paragraph the magistrates' court may—

  1. (a)confirm or vary the payment terms (or the reserve terms),
  2. (b)if the appeal is against a decision on an application under paragraph 22(2)(b) or if P consents, make an attachment of earnings order or an application for benefit deductions, or
  3. (c)discharge the collection order and exercise any of its standard powers in respect of persons liable to pay fines.

(3)If the court makes an attachment of earnings order or an application for benefit deductions, it must vary the collection order so that it states reserve terms.

Nature of power to vary terms of collection order

24(1) A power to vary the payment terms of a collection order includes power to—

  1. (a)substitute terms requiring P to pay by specified instalments on or before specified dates for a term requiring P to pay within a specified period, or
  2. (b)substitute a term requiring P to pay within a specified period for terms requiring P to pay the sum due by specified instalments on or before specified dates.

(2) Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid within a specified period is a power to vary the date on or before which the sum due is to be paid.

(3) Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid by specified instalments on or before specified dates is a power to vary—

  1. (a)the number of instalments payable;
  2. (b)the amount of any instalment;
  3. (c)the date on or before which any instalment is required to be paid.

(4)This paragraph applies in relation to the variation of the reserve terms as it applies in relation to the payment terms.

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