# Criminal Justice and Courts Act 2015, Section 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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Source: https://www.legislation.gov.uk/ukpga/2015/2/section/56 (the official version)
Page: https://openlegislation.uk/criminal-justice-and-courts-act-2015/section-56
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.