Legislation – Criminal Justice and Courts Act 2015

Criminal Justice and Courts Act 2015, Section 56 is up to date with all changes known to be in force on or before 15 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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PART 3Courts and tribunals

Collection of fines etc

56Variation 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);”.