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Regulation 31 Application with modifications of the Fines (Deductions from Income Support) Regulations 1992I1

England and Wales

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 1992f1 apply to applications for benefit deductions made under that Schedule, as they apply to such applications made under those Regulations but with the following modifications—

(a)

in regulation 1 (citation, commencement and interpretation), in paragraph (2)—

(i)

in the definition of “application”, for “made under regulation 2” substitute “for benefit deductions made under Schedule 5 to the Courts Act 2003”;

(ii)

after the definition of “court” insert—

  • ““in default on a collection order” has the same meaning as it has under paragraph 24A of Schedule 5 to the Courts Act 2003;

  • “existing defaulter” has the same meaning as it has under paragraph 3 of Schedule 5 to the Courts Act 2003;

  • “the fines officer”, in relation to a person subject to a collection order made under Schedule 5 to the Courts Act 2003, means any fines officer working at the fines office specified in that order;”;

(iii)

after the definition of “state pension credit” insert—

  • ““sum due” has the same meaning as it has in paragraph 2 of Schedule 5 to the Courts Act 2003“;”.

(b)

in regulation 2 (application for deductions from income support, state pension credit or jobseeker’s allowance)—

(i)

omit paragraph (1); and

(ii)

in paragraph (2), after “court” insert “or the fines officer, as the case may be,”;

(c)

in regulation 2A (information that the court may require) in paragraph (1)—

(i)

after “court” insert “or the fines officer, as the case may be,”; and

(ii)

in the heading to the regulation, after “court” insert “or fines officer”;

(d)

In regulation 3 (contents of application)—

(i)

in paragraph (1)—

(aa)

in sub-paragraphs (b) and (c) for “compensation order” substitute “order requiring payment of the sum due”;

(bb)

in sub-paragraph (d) for the words from “fine” to the end of that sub-paragraph substitute “sum due”; and

(cc)

for sub-paragraph (g) substitute—

“(g)

whether the offender—

(i)

is an existing defaulter and his existing default cannot be disregarded;

(ii)

has consented to the making of the application; or

(iii)

is in default on a collection order”;

(ii)

in paragraph (2) after “court” insert “or a fines officer, as the case may be,”; and

(iii)

in paragraph (3)—

(aa)

after “a court” insert “or a fines officer, as the case may be,”; and

(bb)

after “the court” insert “or the fines officer, as the case may be,”;

(e)

in regulation 4 (deductions from offender’s income support, state pension credit or jobseeker’s allowance), in paragraphs (1) and (2)—

(i)

after “a court” insert “or a fines officer, as the case may be,”;

(ii)

after “the court” insert “by or for which the application was made”; and

(iii)

for “fine or the sum required to be paid by compensation order” substitute “sum due”;

(f)

in regulation 7 (circumstances, time of making and termination of deductions)—

(i)

omit paragraph (2)(c);

(ii)

in paragraph (4)(c)—

(aa)

after “a court” insert “or a fines officer, as the case may be,”; and

(bb)

after “its” insert “or his”;

(iii)

in paragraph (4)(d) for “fine or under the compensation order as the case may be” substitute “sum due”; and

(iv)

in paragraph (7) after “the court” insert “or the fines officer, as the case may be,”; and

(g)

in regulation 8 (withdrawal of application), after “court” insert “or a fines officer, as the case may be,”.

Annotations

Commencement

I1

Reg. 31 in force at 27.3.2006, see reg. 1(1)

Footnotes

f1

S.I. 1992/2182 as amended by S.I. 1999/3178 and S.I. 2003/1360