The Fines Collection Regulations 2004

JurisdictionUK Non-devolved
CitationSI 2004/176

2004 No. 176

MAGISTRATES' COURTS, ENGLAND AND WALES

The Fines Collection Regulations 2004

Made 27th January 2004

Laid before Parliament 30th January 2004

Coming into force in accordance with regulation 1(2)

The Lord Chancellor, in exercise of the powers conferred on him by sections 97(1), 108(6) and 109(2) of, and paragraph 15 of Schedule 9 and paragraphs 27(4), 33(3), 38(1)(e) and (2)(b), 41, 42(3), 43, 44, 45, 46, 47 and 50 of Schedule 5 to, the Courts Act 20031, hereby makes the following Regulations:

Introduction

Part I—

Introduction

S-1 Citation, commencement, duration, application and interpretation

Citation, commencement, duration, application and interpretation

1.—(1) These Regulations may be cited as the Fines Collection Regulations 2004.

(2) This Part of these Regulations shall come into force on 23rd February 2004, Parts II and III of these Regulations shall come into force—

(a)

(a) on 23rd February 2004 in respect of the petty sessions areas specified in columns 1 and 3 of Part I of the Schedule to the Order;

(b)

(b) on 29th March 2004 in respect of the petty sessions areas specified in columns 1 and 3 of Part II of the Schedule to the Order; and

(c)

(c) on 5th April 2004 in respect of all other petty sessions areas in England and Wales,

and Part IV of these Regulations shall come into force on 29th March 2004.

(3) These Regulations shall cease to have effect on 31st March 2005.

(4) These Regulations apply to petty sessions areas in England and Wales to which the provisions of Schedule 5 have effect in accordance with the Collection of Fines (Pilot Schemes) Order 20042.

(5) In these Regulations—

“the Act” means the Courts Act 20033;

“approved clamping organisation” means an organisation approved by the Lord Chancellor, the members of which undertake clamping operations;

“charges due” means the charges referred to in regulation 18(2)(b) payable by P at the time in question;

“clamp” means an immobilisation device and related expressions shall be construed accordingly;

“clamping contractor” means a person authorised to undertake the clamping, removal and storage of vehicles by and in accordance with a contract (a “clamping contract”) with the Lord Chancellor or the justices' chief executive for a court, “the contractor” means the clamping contractor and “the contract” means the clamping contract;

“clamping notice” means an immobilisation notice;

“fine” means a sum adjudged to be paid mentioned in paragraph 1(1) of Schedule 5 and includes any increase, compensation and costs;

“the Order” means the Collection of Fines (Pilot Schemes) Order 2004;

“Schedule 5” means Schedule 5 to the Act;

“vehicle” means a motor vehicle; and

“working day” means a day other than a Saturday or Sunday which is not a bank or other public holiday,

and, save where the context requires otherwise, a reference to clamping or storage includes release from clamping or, as the case may be, release from storage.

(6) In these Regulations a reference to a numbered regulation is a reference to the regulation so numbered in these Regulations.

Application of Enactments with Modifications

Part II—

Application of Enactments with Modifications

S-2 Purpose of the application of enactments

Purpose of the application of enactments

2. The application of enactments with modifications in this Part is for the purpose of giving effect to Schedule 5 and section 97 of the Act so far as it relates to that Schedule.

S-3 Transitional provision

Transitional provision

3.—(1) In the case of an attachment of earnings order or an application for benefit deductions made in a petty sessions area before the date of coming into force of this Part of these Regulations in respect of that area, the enactments modified by these Regulations shall continue to apply in respect of any such order or application as if this Part of these Regulations had not come into force.

(2) In the case of an attachment of earnings order or application for benefit deductions made in a petty sessions area on or after the date of coming into force of this Part of these Regulations in respect of that area and before these Regulations cease to have effect, the enactments modified by these Regulations shall continue to apply in respect of any such order or application as if these Regulations had not ceased to have effect.

S-4 Application with modifications of the Attachment of Earnings Act 1971

Application with modifications of the Attachment of Earnings Act 1971

4. In the case of a person aged 18 or over liable to pay a sum to which Schedule 5 applies, the Attachment of Earnings Act 19714applies to attachment of earnings orders made under Schedule 5 as it applies to such orders made under that Act but with the following modifications—

(a) delete section 1(3)(b);

(b) in section 1(4) insert at the end “or by a fines officer under Schedule 5 to the Courts Act 2003”;

(c) delete section 3(3B);

(d) in section 6(1) after the first and second references to “the court” and in sections 7, 9(1) and (4) and 12(2) after the references to “the court” insert “or, as the case may be, the fines officer”;

(e) delete section 6(5) and for Part I of Schedule 3 substitute the following Part I—

PART I

TABLES OF PERIODICAL DEDUCTIONS FROM EARNINGS

(Table A)Deductions from Weekly Earnings

(1) Net earnings

(2) Percentage deductions rate

Not exceeding £55

0

Exceeding £55 but not exceeding £100

3

Exceeding £100 but not exceeding £135

5

Exceeding £135 but not exceeding £165

7

Exceeding £165 but not exceeding £260

12

Exceeding £260 but not exceeding £370

17

Exceeding £370

17 in respect of the first £370 and 50 in respect of the remainder

(Table B)Deductions from Monthly Earnings

(1) Net earnings

(2) Percentage deductions rate

Not exceeding £220

0

Exceeding £220 but not exceeding £400

3

Exceeding £400 but not exceeding £540

5

Exceeding £540 but not exceeding £660

7

Exceeding £660 but not exceeding £1,040

12

Exceeding £1,040 but not exceeding £1,480

17

Exceeding £1,480

17 in respect of the first £1,480 and 50 in respect of the remainder

(Table C)Deductions from Daily Earnings

(1) Net earnings

(2) Percentage deductions rate

Not exceeding £8

0

Exceeding £8 but not exceeding £15

3

Exceeding £15 but not exceeding £20

5

Exceeding £20 but not exceeding £24

7

Exceeding £24 but not exceeding £38

12

Exceeding £38 but not exceeding £53

17

Exceeding £53

17 in respect of the first £53 and 50 in respect of the remainder”;

(f) in section 6(7)(c) after “in the case of an order made by a magistrates' court,” insert “a fines officer of that court or”;

(g) in section 8(5) for “section 1(3)(b) and (c) of this Act” substitute “paragraph 1 of Schedule 5 to the Courts Act 2003 or section 1(3)(c) of this Act”;

(h) rules of court under section 9(3)(b) shall not apply to attachment of earnings orders under Schedule 5 to the Courts Act 2003;

(i) in section 14—

(i) after any reference to “a court” insert “or, as the case may be, a fines officer” and after any reference to “the court” insert “or, as the case may be, the fines officer”;

(ii) in subsections (1) for “it” substitute “the court or, as the case may be, the fines officer” and in subsection (2)(b) after “it” insert “or, as the case may be, him”; and

(iii) delete subsection (3);

(j) rules of court having effect under the words from “and of any other prescribed matters” to the end of section 14(4) shall not apply;

(k) in section 15, in paragraph (a) after the reference to “the court” insert “or, as the case may be, the fines officer” and in paragraph (c) after the reference to “what court” insert “or, as the case may be, which fines officer” and after the reference to “that court” insert “or, as the case may be, that fines officer”;

(l) in section 17(1) after “under those sections” insert “or under Schedule 5 of the Courts Act 2003” and at the end insert “or in paragraph 1 of that Schedule”; and

(m) in section 25 after subsection (1) insert the following subsection—

S-1A

“1A In this Act “fines officer” has the meaning given—

(a) in respect of cases subject to the national pilot scheme under article 2 of the Collection of Fines (Pilot Schemes) Order 2004, by paragraph 26(4) of Schedule 5 to the Courts Act 2003 as modified by that Order, and

(b) in respect of cases subject to a local pilot scheme under article 3 of that Order, by paragraph 13(2) of that Schedule.”.

S-5 Application with modifications of the Fines (Deductions from Income Support) Regulations 1992

Application with modifications of the Fines (Deductions from Income Support) Regulations 1992

5. In the case of a person aged 18 or over liable to pay a sum to which Schedule 5 applies, the Fines (Deductions from Income Support) Regulations 19925apply to applications for benefit deductions made under Schedule 5 as they apply to such applications made under those Regulations but with the following modifications—

(a) in regulation 1 after paragraph (2) insert the following paragraph—

S-2A

“2A In these Regulations “fines officer” has the meaning given—

(a) in respect of cases subject to the national pilot scheme under article 2 of the Collection of Fines (Pilot Schemes) Order 2004, by paragraph 26(4) of Schedule 5 to the Courts Act 2003 as modified by that Order, and

(b) in respect of cases subject to a local pilot scheme under article 3 of that Order, by paragraph 13(2) of that Schedule.”;

(b) delete regulation 2;

(c) in regulation 3, for paragraph (1)(g) substitute—

S-1)(g

“1)(g that, in the case of an application by the court, the offender is an existing defaulter and his existing default (or defaults) cannot be disregarded, that the offender has consented to the making of the application or that, in the case of an application by a fines officer, the offender is in default on a collection order or any other order of the court allowing time for payment.”;

(d) delete regulation 7(2)(c); and

(e) in regulations 3(2) and (3), 4, 7(4)(c), (6) and...

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