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| instrument made under an Act (whether or not the offence is in |
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57 | Page 60, line 24, leave out “offence or” |
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58 | Page 60, line 27, at beginning insert “the operation of restrictions on” |
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59 | Page 60, line 30, leave out from “and” to end of line 31 and insert “provision made |
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| in exercise of a relevant power in reliance on subsection (2) does not affect such |
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| fines or the operation of such restrictions” |
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60 | Page 60, line 34, leave out from beginning to “for” in line 37 and insert— |
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| “( ) | The Secretary of State may by regulations make provision— |
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| (a) | for an offence in relation to which subsection (1) is disapplied to be |
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| punishable on summary conviction by a fine or maximum fine of an |
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| amount specified or described in the regulations, and |
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61 | Page 60, line 39, leave out “a higher” and insert “an” |
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62 | Page 60, line 41, after “to” insert “— |
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63 | Page 60, line 44, at end insert “, and |
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| (b) | a relevant power which, immediately before the commencement |
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| day, can be exercised to create an offence punishable on summary |
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| conviction by such a fine or maximum fine.” |
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64 | Page 61, line 1, after “provision” insert “— |
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65 | Page 61, line 2, after “fine” insert “or maximum fine” |
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66 | Page 61, line 2, leave out “a higher” and insert “an” |
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67 | Page 61, line 3, at end insert “, and |
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| (b) | for the power to be exercisable to create an offence punishable on |
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| summary conviction by such a fine or maximum fine.” |
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68 | Page 61, line 6, at beginning insert “the operation of restrictions on” |
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69 | Page 61, leave out line 9 and insert “and provision made in exercise of a relevant |
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| power in reliance on regulations under this section may not include such |
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70 | Page 61, line 16, leave out from beginning to “amend” in line 17 and insert |
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| “Regulations under this section, and regulations under section 132 making |
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| provision in relation to this section, may” |
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71 | Page 61, line 28, at end insert— |
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| “( ) | Powers under this section— |
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| (a) | may be exercised from time to time, and |
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| (b) | are without prejudice to other powers to modify fines for relevant |
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| offences or fines that may be specified or described when exercising |
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72 | Page 61, line 34, at end insert— |
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| | “and references to an offence, power or provision contained in an Act or |
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| instrument include an offence, power or provision applied by, or extending |
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| to England and Wales by virtue of, an Act or instrument.” |
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73 | Page 61, line 40, leave out “a higher” and insert “an” |
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74 | Page 62, line 5, leave out “a higher” and insert “an” |
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75 | Page 62, line 12, at beginning insert “the operation of restrictions on” |
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76 | Page 62, leave out line 15 and insert “and provision made in exercise of a relevant |
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| power in reliance on regulations under subsection (4) may not include such |
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77 | Page 62, line 22, leave out from beginning to “amend” and insert “Regulations |
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78 | Page 62, line 33, at end insert— |
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| “( ) | Powers under this section— |
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| (a) | may be exercised from time to time, and |
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| (b) | are without prejudice to other powers to modify fines for relevant |
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| offences or fines that may be specified or described when exercising |
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79 | Page 62, line 35, after “power”” insert “, and references to a provision contained in |
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80 | Page 62, line 37, leave out “higher sums” |
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81 | Page 62, line 39, at end insert “such other sums as the Secretary of State considers |
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82 | Insert the following new Clause— |
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| “Withdrawal of warrants of control issued by fines officer |
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| (1) | Schedule 5 to the Courts Act 2003 (collection of fines and other sums |
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| imposed on conviction) is amended as follows. |
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| (2) | In paragraph 7(1) (Part 3 of Schedule does not apply on an appeal against |
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| a further steps notice) for “or 37(9)” substitute “, 37(9) or 37A(4)”. |
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| (3) | In paragraph 37(7) (further steps notice must specify steps that fines officer |
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| intends to take) for “intends” substitute “wishes to be able”. |
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| (4) | After paragraph 37 insert— |
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| “Issue by fines officer of replacement notice |
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| 37A(1) | This paragraph applies if— |
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| (a) | the fines officer has delivered to P a notice (“the current |
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| |
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| | |
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| (i) | a further steps notice that has not been replaced |
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| by a notice under this paragraph, or |
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| (ii) | a notice under this paragraph that has not been |
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| replaced by a further notice under this paragraph, |
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| (b) | P remains liable to pay any part of the sum due, and |
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| (c) | the fines officer wishes to be able to take one or more |
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| steps listed in paragraph 38 but not specified in the |
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| (2) | The fines officer may deliver to P a notice replacing the current |
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| (3) | A notice under this paragraph (a “replacement notice”) must— |
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| (a) | state that the fines officer intends to take one or more of |
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| the steps listed in paragraph 38, |
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| (b) | specify the steps that the fines officer wishes to be able to |
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| (c) | be in writing and dated. |
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| (4) | P may, within 10 working days from the date of a replacement |
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| notice, appeal to the magistrates’ court against it. |
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| (5) | If a step is being taken in reliance on a notice at the time when the |
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| notice is replaced by a replacement notice, the taking of the step |
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| may continue despite the replacement.” |
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| (5) | In paragraph 38(1) (list of steps referred to)— |
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| (a) | after “37(6)(b)” insert “, 37A(3)(a)”, and |
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| (b) | in paragraph (a) (steps include issuing warrants that authorise |
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| taking control, and sale, of goods) for “levying” substitute |
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| (6) | In paragraph 39 (powers of court on referrals and appeals)— |
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| (a) | in sub-paragraph (1)(c)— |
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| (i) | after “37(9)” insert “or 37A(4)”, and |
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| (ii) | after “further steps notice” insert “or replacement notice”, |
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| (b) | in sub-paragraph (4) after “further steps notice” insert “or |
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| (7) | In paragraph 40 (implementation of notice)— |
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| (a) | after “further steps notice”, in both places, insert “or replacement |
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| (b) | after “may be taken” insert “and retaken”. |
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| (8) | After paragraph 40 insert— |
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| “Withdrawal of warrant of control by fines officer |
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| 40A(1) | This paragraph applies if, in taking a step specified in a further |
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| steps notice or replacement notice, the fines officer has issued a |
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| warrant of control for the purpose of recovering the sum due. |
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| (2) | The fines officer may withdraw the warrant if— |
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| (a) | P remains liable to pay any part of the sum due, and |
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| |
| | |
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| (b) | the fines officer is satisfied that the warrant was issued by |
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| mistake, including in particular a mistake made in |
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| consequence of the non-disclosure or misrepresentation |
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| |
| Discharge of warrant of control by magistrates’ court |
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| 40B(1) | This paragraph applies if— |
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| (a) | in taking a step specified in a further steps notice or |
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| replacement notice, the fines officer has issued a warrant |
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| of control for the purpose of recovering the sum due, and |
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| (b) | the fines officer subsequently refers P’s case to the |
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| magistrates’ court under paragraph 42. |
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| (2) | The magistrates’ court may discharge the warrant if— |
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| (a) | P remains liable to pay any part of the sum due, and |
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| (b) | the power conferred by section 142(1) of the Magistrates’ |
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| Courts Act 1980 (power of magistrates’ court to re-open |
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| cases to rectify mistakes etc) would have been exercisable |
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| by the court if the court had issued the warrant. |
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| Duty of fines officer if warrant of control withdrawn or discharged |
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| 40C(1) | This paragraph applies if condition A or B is met. |
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| (2) | Condition A is that the fines officer has withdrawn a warrant of |
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| control under paragraph 40A. |
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| |
| (a) | in taking a step specified in a further steps notice or |
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| replacement notice, the fines officer has issued a warrant |
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| of control for the purpose of recovering the sum due, |
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| (b) | the fines officer has referred P’s case to the magistrates’ |
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| court under paragraph 42, |
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| (c) | the magistrates’ court has discharged the warrant of |
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| control under paragraph 40B(2), and |
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| (d) | the magistrates’ court has not discharged the collection |
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| order or exercised any of its powers under paragraph |
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| (4) | If P remains liable to pay any part of the sum due, the fines officer |
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| (a) | take (or retake) one or more of the steps specified in the |
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| further steps notice or replacement notice that was the |
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| last notice to be delivered to P under paragraph 37 or 37A |
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| before the warrant of control was issued, or |
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| (b) | deliver to P a replacement notice and take one or more of |
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| the steps specified in that notice, or |
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| (c) | refer P’s case to, or back to, the magistrates’ court under |
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83 | Page 66, line 24, leave out sub-paragraphs (i) to (iii) and insert “on bail or subject |
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