Session 2010 - 12
Internet Publications
Other Bills before Parliament


 
 

13

 
 

instrument made under an Act (whether or not the offence is in

 

force at that time), and

 

(b)    

a”

57

Page 60, line 24, leave out “offence or”

58

Page 60, line 27, at beginning insert “the operation of restrictions on”

59

Page 60, line 30, leave out from “and” to end of line 31 and insert “provision made

 

in exercise of a relevant power in reliance on subsection (2) does not affect such

 

fines or the operation of such restrictions”

60

Page 60, line 34, leave out from beginning to “for” in line 37 and insert—

 

“( )    

The Secretary of State may by regulations make provision—

 

(a)    

for an offence in relation to which subsection (1) is disapplied to be

 

punishable on summary conviction by a fine or maximum fine of an

 

amount specified or described in the regulations, and

 

(b)    

61

Page 60, line 39, leave out “a higher” and insert “an”

62

Page 60, line 41, after “to” insert “—

 

(a)    

63

Page 60, line 44, at end insert “, and

 

(b)    

a relevant power which, immediately before the commencement

 

day, can be exercised to create an offence punishable on summary

 

conviction by such a fine or maximum fine.”

64

Page 61, line 1, after “provision” insert “—

 

(a)    

65

Page 61, line 2, after “fine” insert “or maximum fine”

66

Page 61, line 2, leave out “a higher” and insert “an”

67

Page 61, line 3, at end insert “, and

 

(b)    

for the power to be exercisable to create an offence punishable on

 

summary conviction by such a fine or maximum fine.”

68

Page 61, line 6, at beginning insert “the operation of restrictions on”

69

Page 61, leave out line 9 and insert “and provision made in exercise of a relevant

 

power in reliance on regulations under this section may not include such

 

provision”

70

Page 61, line 16, leave out from beginning to “amend” in line 17 and insert

 

“Regulations under this section, and regulations under section 132 making

 

provision in relation to this section, may”

71

Page 61, line 28, at end insert—

 

“( )    

Powers under this section—

 

(a)    

may be exercised from time to time, and

 

(b)    

are without prejudice to other powers to modify fines for relevant

 

offences or fines that may be specified or described when exercising

 

a relevant power.”

72

Page 61, line 34, at end insert—


 
 

14

 
 

    

“and references to an offence, power or provision contained in an Act or

 

instrument include an offence, power or provision applied by, or extending

 

to England and Wales by virtue of, an Act or instrument.”

Clause 80

73

Page 61, line 40, leave out “a higher” and insert “an”

74

Page 62, line 5, leave out “a higher” and insert “an”

75

Page 62, line 12, at beginning insert “the operation of restrictions on”

76

Page 62, leave out line 15 and insert “and provision made in exercise of a relevant

 

power in reliance on regulations under subsection (4) may not include such

 

provision”

77

Page 62, line 22, leave out from beginning to “amend” and insert “Regulations

 

under this section may”

78

Page 62, line 33, at end insert—

 

“( )    

Powers under this section—

 

(a)    

may be exercised from time to time, and

 

(b)    

are without prejudice to other powers to modify fines for relevant

 

offences or fines that may be specified or described when exercising

 

a relevant power.”

79

Page 62, line 35, after “power”” insert “, and references to a provision contained in

 

an Act or instrument,”

Clause 81

80

Page 62, line 37, leave out “higher sums”

81

Page 62, line 39, at end insert “such other sums as the Secretary of State considers

 

appropriate”

After Clause 81

82

Insert the following new Clause—

 

“Withdrawal of warrants of control issued by fines officer

 

(1)    

Schedule 5 to the Courts Act 2003 (collection of fines and other sums

 

imposed on conviction) is amended as follows.

 

(2)    

In paragraph 7(1) (Part 3 of Schedule does not apply on an appeal against

 

a further steps notice) for “or 37(9)” substitute “, 37(9) or 37A(4)”.

 

(3)    

In paragraph 37(7) (further steps notice must specify steps that fines officer

 

intends to take) for “intends” substitute “wishes to be able”.

 

(4)    

After paragraph 37 insert—

 

“Issue by fines officer of replacement notice

 

37A(1)  

This paragraph applies if—

 

(a)    

the fines officer has delivered to P a notice (“the current

 

notice”) that is—


 
 

15

 
 

(i)    

a further steps notice that has not been replaced

 

by a notice under this paragraph, or

 

(ii)    

a notice under this paragraph that has not been

 

replaced by a further notice under this paragraph,

 

(b)    

P remains liable to pay any part of the sum due, and

 

(c)    

the fines officer wishes to be able to take one or more

 

steps listed in paragraph 38 but not specified in the

 

current notice.

 

      (2)  

The fines officer may deliver to P a notice replacing the current

 

notice.

 

      (3)  

A notice under this paragraph (a “replacement notice”) must—

 

(a)    

state that the fines officer intends to take one or more of

 

the steps listed in paragraph 38,

 

(b)    

specify the steps that the fines officer wishes to be able to

 

take, and

 

(c)    

be in writing and dated.

 

      (4)  

P may, within 10 working days from the date of a replacement

 

notice, appeal to the magistrates’ court against it.

 

      (5)  

If a step is being taken in reliance on a notice at the time when the

 

notice is replaced by a replacement notice, the taking of the step

 

may continue despite the replacement.”

 

(5)    

In paragraph 38(1) (list of steps referred to)—

 

(a)    

after “37(6)(b)” insert “, 37A(3)(a)”, and

 

(b)    

in paragraph (a) (steps include issuing warrants that authorise

 

taking control, and sale, of goods) for “levying” substitute

 

“recovering”.

 

(6)    

In paragraph 39 (powers of court on referrals and appeals)—

 

(a)    

in sub-paragraph (1)(c)—

 

(i)    

after “37(9)” insert “or 37A(4)”, and

 

(ii)    

after “further steps notice” insert “or replacement notice”,

 

and

 

(b)    

in sub-paragraph (4) after “further steps notice” insert “or

 

replacement notice”.

 

(7)    

In paragraph 40 (implementation of notice)—

 

(a)    

after “further steps notice”, in both places, insert “or replacement

 

notice”, and

 

(b)    

after “may be taken” insert “and retaken”.

 

(8)    

After paragraph 40 insert—

 

“Withdrawal of warrant of control by fines officer

 

40A(1)  

This paragraph applies if, in taking a step specified in a further

 

steps notice or replacement notice, the fines officer has issued a

 

warrant of control for the purpose of recovering the sum due.

 

      (2)  

The fines officer may withdraw the warrant if—

 

(a)    

P remains liable to pay any part of the sum due, and


 
 

16

 
 

(b)    

the fines officer is satisfied that the warrant was issued by

 

mistake, including in particular a mistake made in

 

consequence of the non-disclosure or misrepresentation

 

of a material fact.

 

Discharge of warrant of control by magistrates’ court

 

40B(1)  

This paragraph applies if—

 

(a)    

in taking a step specified in a further steps notice or

 

replacement notice, the fines officer has issued a warrant

 

of control for the purpose of recovering the sum due, and

 

(b)    

the fines officer subsequently refers P’s case to the

 

magistrates’ court under paragraph 42.

 

      (2)  

The magistrates’ court may discharge the warrant if—

 

(a)    

P remains liable to pay any part of the sum due, and

 

(b)    

the power conferred by section 142(1) of the Magistrates’

 

Courts Act 1980 (power of magistrates’ court to re-open

 

cases to rectify mistakes etc) would have been exercisable

 

by the court if the court had issued the warrant.

 

Duty of fines officer if warrant of control withdrawn or discharged

 

40C(1)  

This paragraph applies if condition A or B is met.

 

      (2)  

Condition A is that the fines officer has withdrawn a warrant of

 

control under paragraph 40A.

 

      (3)  

Condition B is that—

 

(a)    

in taking a step specified in a further steps notice or

 

replacement notice, the fines officer has issued a warrant

 

of control for the purpose of recovering the sum due,

 

(b)    

the fines officer has referred P’s case to the magistrates’

 

court under paragraph 42,

 

(c)    

the magistrates’ court has discharged the warrant of

 

control under paragraph 40B(2), and

 

(d)    

the magistrates’ court has not discharged the collection

 

order or exercised any of its powers under paragraph

 

42(2).

 

      (4)  

If P remains liable to pay any part of the sum due, the fines officer

 

must—

 

(a)    

take (or retake) one or more of the steps specified in the

 

further steps notice or replacement notice that was the

 

last notice to be delivered to P under paragraph 37 or 37A

 

before the warrant of control was issued, or

 

(b)    

deliver to P a replacement notice and take one or more of

 

the steps specified in that notice, or

 

(c)    

refer P’s case to, or back to, the magistrates’ court under

 

paragraph 42.”

Clause 87

83

Page 66, line 24, leave out sub-paragraphs (i) to (iii) and insert “on bail or subject

 

to a custodial remand.”


 
previous section contents continue
 

© Parliamentary copyright
Revised 29 March 2012