Office of Public Sector Information
SCHEDULE 5 continued PART 9 continued
38 (1) The steps referred to in paragraphs 37(6)(b) and 39(3) and (4) (powers to take further steps) are—
(a) issuing a warrant of distress for the purpose of levying the sum due;
(b) registering the sum in the register of judgments and orders required to be kept by section 98;
(c) making an attachment of earnings order or an application for benefit deductions;
(d) subject to sub-paragraph (3), making a clamping order;
(e) taking any other step permitted under provisions of fines collection regulations which apply any other enforcement power of a magistrates' court (with or without modifications).
(2) A clamping order is an order—
(a) that a motor vehicle be fitted with an immobilisation device (“clamped”), and
(b) which complies with any requirements that are imposed by fines collection regulations under paragraph 46 with respect to the making of clamping orders.
(3) A clamping order must not be made except in relation to a vehicle which is registered under the Vehicle Excise and Registration Act 1994 in P’s name.
39 (1) This paragraph applies if the magistrates' court is hearing P’s case following—
(a) an appeal under paragraph 35(4) or 36(6) (appeals against decisions about variation following increase),
(b) a referral under paragraph 37(6)(a) (functions of fines officer in relation to defaulters), or
(c) an appeal under paragraph 37(9) (appeal against a further steps notice).
(2) If the magistrates' court is satisfied that the circumstances of P’s case are exceptional, it may make an order that if, after the making of the order, all amounts due under the collection order, other than the part of the fine representing the increase, are paid without P being in further default on the order, P’s liability to pay that part is extinguished.
(3) On an appeal or referral falling within sub-paragraph (1)(a) or (b), the court may—
(a) vary the payment terms (or the reserve terms);
(b) take any of the steps listed in paragraph 38;
(c) discharge the order and exercise any of its standard powers in respect of persons liable to pay fines.
(4) On an appeal against a further steps notice, the court may—
(a) confirm or quash the notice;
(b) vary the notice so as to specify any step listed in paragraph 38;
(c) vary the payment terms (or the reserve terms);
(d) discharge the order and exercise any of its standard powers in respect of persons liable to pay fines.
40 If—
(a) P does not appeal within 10 working days against a further steps notice, or
(b) he does so but the further steps notice is confirmed or varied,
any step specified in the notice (or the notice as varied) may be taken.
41 (1) This paragraph applies if—
(a) a motor vehicle has been clamped under a clamping order, and
(b) at the end of the period specified in fines collection regulations under paragraph 46 any part of the sum due is unpaid.
(2) The magistrates' court may order that—
(a) the vehicle is to be sold or otherwise disposed of in accordance with those regulations, and
(b) any proceeds are to be applied in accordance with those regulations in discharging P’s liability in respect of the sum due.
42 (1) The fines officer may refer a case to the magistrates' court at any time during the period which—
(a) begins the day after the collection order is made, and
(b) ends with the date on which—
(i) the sum due (including any increase to which he remains liable) is paid, or
(ii) the order is discharged.
(2) On a referral under this paragraph, the court may—
(a) confirm or vary the payment terms (or the reserve terms),
(b) discharge the order and exercise any of its standard powers in respect of persons liable to pay fines, or
(c) to the extent permitted by fines collection regulations, exercise a power it could exercise under any other paragraph.
(3) Fines collection regulations may provide for the fines officer to have the power to issue a summons for the purpose of ensuring that P attends a magistrates' court to whom P’s case has been referred under this paragraph or paragraph 37.
43 In this Schedule “fines collection regulations” means regulations made by the Lord Chancellor for the purpose of giving effect to this Schedule.
44 (1) Fines collection regulations may, for the purpose of giving effect to this Schedule and section 97 so far as it relates to this Schedule, make provision modifying (or applying with modifications) any enactment which relates to fines or the enforcement of payment of sums falling within paragraph 1(1).
(2) The enactments which may be so modified (or applied with modifications) include enactments containing offences.
(3) Fines collection regulations may make different provision for different cases.
45 Fines collection regulations may, for the purpose of giving effect to the powers to make attachment of earnings orders, make provision as to the method for calculating the amounts which are to be deducted from P’s earnings.
46 (1) Fines collection regulations may, for the purpose of giving effect to the powers to make clamping orders and to order the sale of clamped motor vehicles, make provision in connection with—
(a) the fitting of immobilisation devices;
(b) the fitting of immobilisation notices to motor vehicles to which immobilisation devices have been fitted;
(c) the removal and storage of motor vehicles;
(d) the release of motor vehicles from immobilisation devices or from storage (including the conditions to be met before the vehicle is released);
(e) the sale or other disposal of motor vehicles not released.
(2) Fines collection regulations must provide that an immobilisation device may not be fitted to a vehicle—
(a) which displays a current disabled person’s badge, or
(b) in relation to which there are reasonable grounds for believing that it is used for the carriage of a disabled person.
(3) In this Schedule—
“disabled person’s badge” means a badge issued, or having effect as if issued, under regulations made under section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons);
“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (immobilisation of vehicles illegally parked);
“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, except that section 189 of the Road Traffic Act 1988 (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts.
47 Fines collection regulations may make provision relating to cases where a person who is subject to a collection order changes his place of residence.
48 (1) P commits an offence if, in providing a statement of his financial circumstances to a fines officer in response to a relevant request, he—
(a) makes a statement which he knows to be false in a material particular,
(b) recklessly provides a statement which is false in a material particular, or
(c) knowingly fails to disclose any material fact.
(2) A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(3) P commits an offence if he fails to provide a statement of his financial circumstances to a fines officer in response to a relevant request.
(4) A person guilty of an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(5) A relevant request is a request for information about P’s financial circumstances which—
(a) is made by a fines officer, and
(b) is expressed to be made for the purpose of determining whether or how the fines officer should vary the payment terms (or the reserve terms) of a collection order in P’s favour.
(6) Proceedings in respect of an offence under this paragraph may be commenced at any time within—
(a) 2 years from the date of the commission of the offence, or
(b) 6 months from its first discovery by the prosecutor,
whichever ends first.
49 (1) A person commits an offence if he removes or attempts to remove—
(a) an immobilisation device, or
(b) an immobilisation notice,
fitted or fixed to a motor vehicle in accordance with a clamping order made under a further steps notice or under paragraph 39(3)(b) (powers of court after increase).
(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
50 In this Schedule “standard powers in respect of persons liable to pay fines” means any power—
(a) that a magistrates' court would have had if P had not been subject to a collection order but had been liable to pay the sum due, and
(b) which fines collection regulations apply (with or without modifications) for the purposes of this Schedule.
51 For the purposes of this Schedule the period during which an appeal under this Schedule is pending is to be treated as including the period within which the appeal may be brought (regardless of whether it is in fact brought).
52 In this Schedule “10 working days” means any period of 10 days not including—
(a) Saturday or Sunday,
(b) Christmas Day or Good Friday, or
(c) any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
53 In this Schedule “the magistrates' court”, in relation to a collection order, means any magistrates' court acting in the local justice area in which the court which made the order was sitting.
Courts Act 2003