Fines (Payment and Recovery) Act 2014
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Notification of changes of employment and employment status | ||
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16. (1) (a) Where the attachment order is in force and the fined person ceases to be in the employment of the employer to whom the order is directed, the fined person shall— | ||
(i) give notice in writing to the court of the change in his or her employment status within 10 working days of the change in status, and | ||
(ii) subject to subsection (2), inform the court in writing, as appropriate— | ||
(I)of the name and address of his or her new employer, or | ||
(II)that he or she is no longer in employment. | ||
(b) Where the court is advised as referred to in paragraph (a)(ii)(I), it shall issue a new attachment order to the new employer requiring him or her to deduct the outstanding balance of the fine from the fined person’s earnings in accordance with the terms of the order and may, at the same time and in order to take account of any disruption caused to the fined person’s earnings due to his or her change of employment, in the new order increase, by such period as it considers appropriate to take account of such disruption, the maximum 12 months period referred to in section 14 (2) otherwise applicable in respect of any such order. | ||
(2) Where— | ||
(a) the fined person advises the court that he or she is no longer in employment in accordance with subsection (1)(a)(ii)(II), | ||
(b) the employer of the fined person to whom the attachment order is directed advises the court that the fined person has ceased to be in the employment of the employer, or | ||
(c) the attachment order which relates to the fined person is revoked under paragraph (b) of section 14 (4), | ||
subsection (3) shall apply (unless the fined person has elected to pay the remaining balance of the fine to the court under section 17 (1) or the court decides otherwise in the interests of justice). | ||
(3) The appropriate court official concerned shall, by notice in writing served on the fined person, require the person to appear before the court on the date and at the time specified in the notice. | ||
(4) A notice under subsection (3) shall— | ||
(a) state that the court may make a community service order in respect of the fined person and also state the conditions for making such an order under section 4 of the Act of 1983, | ||
(b) state that the court may commit the fined person to prison in accordance with section 2 or 2A of the Act of 1986, and | ||
(c) state that the fined person may be arrested if he or she fails to appear before the court as required by the notice. | ||
(5) Where a fined person fails, without reasonable excuse, to appear before the court as required by a notice under subsection (3), the court shall, if satisfied that the notice was served on the person— | ||
(a) issue a warrant for the arrest of the person, or | ||
(b) if the court thinks it appropriate in all the circumstances, cause a further notice under subsection (3) to be served on the person specifying a new date for the person to appear before the court. | ||
(6) A fined person arrested under subsection (5)(a) shall be brought before the next sitting of the court. | ||
(7) The court shall, at the sitting of the court on the date specified in the notice concerned under subsection (3) served on the fined person (unless the person has paid the fine on or before that date)— | ||
(a) make a community service order in respect of the person, or | ||
(b) commit the person to prison in accordance with section 2 or 2A of the Act of 1986. |