Criminal Justice and Courts Act 2015
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56 Variation of collection orders etc
(1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows. (2) For paragraph 21 (application of Part 6: variation of collection orders containing payment terms) substitute— 21 This Part applies if— (a) the court has made a collection order, and (b) the order contains payment terms but does not contain reserve terms. (3) In paragraph 22 (variation of collection order)— (a) omit sub-paragraph (1), (b) in sub-paragraph (2), for “P may apply for” substitute “ P may at any time apply to the fines officer under this paragraph for ”, (c) in sub-paragraph (4)(a), omit “in P's favour”, (d) after sub-paragraph (4) insert— (4A) The fines officer may not vary the payment terms under sub-paragraph (4)(a) so that they are less favourable to P without P's consent. , and (e) for sub-paragraph (7) substitute— (7) The fines officer may not vary the order so that it states reserve terms which are less favourable to P than the payment terms without P's consent. (4) In paragraph 25 (application of Part 7: effect of first default on collection order containing payment terms), for paragraphs (a) and (b) substitute— (a) an application to a fines officer under paragraph 22 (application for variation of order or for attachment of earnings order etc) that was made at a time when P was not in default on the collection order; (b) an appeal under paragraph 23 against a decision of a fines officer on an application described in paragraph (a); . (5) In paragraph 31 (variation of reserve terms)— (a) for sub-paragraph (1) substitute— (1) P may, at any time after the date of a payment notice under paragraph 30, apply to the fines officer for the reserve terms to be varied. , (b) in sub-paragraph (3)(a), omit “in P's favour”, and (c) after sub-paragraph (3) insert— (3A) The fines officer may not vary the reserve terms under sub-paragraph (3)(a) so that they are less favourable to P without P's consent. (6) In paragraph 37 (functions of fines officer in relation to defaulters: referral or further steps notice), in sub-paragraph (1)(c), for sub-paragraphs (i) and (ii) substitute— (i) an application to a fines officer under paragraph 31 (application for variation of reserve terms) that was made at a time when P was not in default on the collection order; (ii) an appeal under paragraph 32 against a decision of a fines officer on an application described in sub-paragraph (i); .
56 Variation of collection orders etc
(1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows. (2) For paragraph 21 (application of Part 6: variation of collection orders containing payment terms) substitute— 21 This Part applies if— (a) the court has made a collection order, and (b) the order contains payment terms but does not contain reserve terms. (3) In paragraph 22 (variation of collection order)— (a) omit sub-paragraph (1), (b) in sub-paragraph (2), for “P may apply for” substitute “ P may at any time apply to the fines officer under this paragraph for ”, (c) in sub-paragraph (4)(a), omit “in P's favour”, (d) after sub-paragraph (4) insert— (4A) The fines officer may not vary the payment terms under sub-paragraph (4)(a) so that they are less favourable to P without P's consent. , and (e) for sub-paragraph (7) substitute— (7) The fines officer may not vary the order so that it states reserve terms which are less favourable to P than the payment terms without P's consent. (4) In paragraph 25 (application of Part 7: effect of first default on collection order containing payment terms), for paragraphs (a) and (b) substitute— (a) an application to a fines officer under paragraph 22 (application for variation of order or for attachment of earnings order etc) that was made at a time when P was not in default on the collection order; (b) an appeal under paragraph 23 against a decision of a fines officer on an application described in paragraph (a); . (5) In paragraph 31 (variation of reserve terms)— (a) for sub-paragraph (1) substitute— (1) P may, at any time after the date of a payment notice under paragraph 30, apply to the fines officer for the reserve terms to be varied. , (b) in sub-paragraph (3)(a), omit “in P's favour”, and (c) after sub-paragraph (3) insert— (3A) The fines officer may not vary the reserve terms under sub-paragraph (3)(a) so that they are less favourable to P without P's consent. (6) In paragraph 37 (functions of fines officer in relation to defaulters: referral or further steps notice), in sub-paragraph (1)(c), for sub-paragraphs (i) and (ii) substitute— (i) an application to a fines officer under paragraph 31 (application for variation of reserve terms) that was made at a time when P was not in default on the collection order; (ii) an appeal under paragraph 32 against a decision of a fines officer on an application described in sub-paragraph (i); .
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