OpenLegislation

Paragraph 8 I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1(1)

This paragraph applies if—

(a)

paragraph 7A does not apply, and

(b)

the relevant court concludes that P is an existing defaulter and that his existing default (or defaults) cannot be disregarded.

(2)

The court must make an attachment of earnings order if it appears to the court—

(a)

that P is in employment, and

(b)

that it is not impracticable or inappropriate to make the order.

(3)

The court must make an application for benefit deductions if it appears to the court—

(a)

that P is entitled to a relevant benefit, and

(b)

that it is not impracticable or inappropriate to make the application.

(4)

If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.

Annotations

Textual amendments

F1

Sch. 5 para. 8(1) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 12

Commencement

I1

Sch. 5 para. 8 wholly in force at 5.4.2004; Sch. 5 para. 8 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 8 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 8 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 8 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Notes on Schedule 5

Textual amendments

F1

Sch. 5: words in heading inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 5 (with transitional provision in art. 3)

Modifications

C1

Sch. 5 applied (with modifications) (temp. from 23.3.2004 for certain purposes, 29.3.2004 for certain further purposes, 5.4.2004 for all purposes to 31.3.2006) by S.I. 2004/175, arts. 1-3, Sch. (as amended by S.I. 2004/1406, arts. 3, 4; S.I. 2005/487, arts. 4-6; S.I. 2005/642, art. 2; S.I. 2005/2410, art. 2; S.I. 2005/3166, art. 2)

C2

Sch. 5 modified (temp. from 27.3.2006 to 2.7.2006) by The Collection of Fines (Pilot Scheme) and Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2006 (S.I. 2006/502), arts. 1(1)(b)(2), 5 (with transitional provision in art. 4)

C3

Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)

C4

Sch. 5 applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85(7)(b), 153; S.I. 2009/2606, art. 2(f)