# The Fines Collection (Amendment) Regulations 2005, Note: Explanatory note


(This note is not part of the Order)
These Regulations amend the Fines Collection Regulations 2004 (“the 2004 Regulations”). The 2004 Regulations implemented the fines collection scheme contained in Schedule 5 of the Courts Act 2003 in accordance with the Collection of Fines (Pilot Schemes) Order 2004, which established schemes for the piloting of different provisions of that Schedule. The initial stage of the piloting has been completed and evaluated and these Regulations have the effect of extending the period of the 2004 Regulation to allow piloting to continue and to implement changes to the scheme as identified by the evaluation.
The Regulations are being commenced (regulation 1(1)(a)) on 30th March 2005 for the purposes of extending the operation of the 2004 Regulations before they would otherwise cease to have effect. Other amendments made by these Regulations come into force in the 1st April 2005. This is because certain amendments are made in relation to the commencement of unified administration provisions in the Courts Act 2003 on the 1st April 2005, which will alter the references to “petty sessions areas” and remove the post of “justices' chief executives”.
Regulations 3(2) and (3), 4, 6, 9, are made to update references in the 2004 Regulations to be consistent with alterations being brought into force on 1st April by the unified administration provisions in the Courts Act 2003.
Regulation 5 inserts amendments into the modification of the Attachment to Earnings Act 1971. Paragraphs 2 and 3(a) and (b) of Regulation 5 amend the 2004 Regulations so that the definitions of pay-day and attachable earnings in paragraphs 2 and 3 of Schedule 3 to the 1971 Act are still included in the modified Schedule. The effect of paragraph 3(c) is to modify Schedule 3 of the 1971 Act by inserting new paragraphs 5 to 14 (as detailed below) to provide instructions for employers to calculate the attachable earnings in different circumstances in line with the tables set out (now) in paragraph 4 of the modified Schedule.
Paragraph 5 applies to normal pay-days where the employee is paid weekly or monthly or by whole multiples of weeks or months.
Paragraph 6 applies to pay-days where an advance of pay is made, as may be the case for holiday pay.
Paragraph 7 prevents an advance of pay already taken into account in paragraph 6 from being taken into account again.
Paragraphs 8, 9 and 10 apply where an employee is paid at regular intervals other than weeks, months or multiples thereof and include both normal pay and advances of pay.
Paragraph 11 applies when an employee is paid in two or more series of regular intervals.
Paragraph 12 applies where an employee is paid at irregular intervals.
Paragraph 13 applies where an employee is paid at both regular and irregular intervals and receives those payments on the same pay-day.
Paragraph 14 applies where an employee is paid at both regular and irregular intervals and receives those payments on different pay-days.
Regulation 7 substitutes regulation 7 of the 2004 Regulations in its entirety fixing the increase level at 50% in accordance with the recommendations from the evaluation of the pilots.
The amendments in regulations 8, 10 and 11 are made pursuant to the alteration in the pilot schemes removing the automatic increase.
Regulation 12 removes the need for photographs to be taken of repositioned vehicles during the carrying out of a clamping order.
Regulation 13 makes allowance for those clamping a vehicle to accept credit card payments.
Regulations 14 and 15 reduces the time that a vehicle remains clamped before removal and the time that the vehicle is to be kept in storage before it can be sold.
Regulation 16 alters the need for the fines officer to be available during all times when clamping takes place.

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Source: https://www.legislation.gov.uk/uksi/2005/484/note (the official version)
Page: https://openlegislation.uk/fines-collection-amendment-regulations-2005/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.