Crime and Courts Bill (HC Bill 137)

(c) the debtor has failed to comply with any provision of the
controlled goods agreement relating to the payment by the
debtor of the debt;

(d) the debtor has been given notice of the intention of the
5enforcement agent to enter the premises to inspect the goods
or to remove them for storage or sale;

(e) neither paragraph 18 nor paragraph 19 applies.

(2) For the purposes of a notice under sub-paragraph (1)(d), regulations
must state—

(a) 10the minimum period of notice;

(b) the form of the notice;

(c) what it must contain;

(d) how it must be given;

(e) who must give it.

(3) 15The enforcement agent must keep a record of the time when a notice
under sub-paragraph (1)(d) is given.

(4) If regulations authorise it, the court may order in prescribed
circumstances that the notice given may be less than the minimum
period.

(5) 20The order may be subject to conditions.”

(5) In paragraphs 24(2) and 31(5) (no power to use force against persons except to
extent provided in regulations) omit “, except to the extent that regulations
provide that it does”.

(6) Omit paragraph 53(2) (controlled goods to be treated as abandoned if unsold
25after a sale).

(7) Omit paragraph 56(2) (securities to be treated as abandoned if not disposed of
in accordance with notice of disposal).

(8) In consequence of the repeals in subsection (5), in section 90 of the Tribunals,
Courts and Enforcement Act 2007 (regulations under Part 3)—

(a) 30omit subsection (4) (procedure for regulations under paragraphs 24(2)
and 31(5) of Schedule 12), and

(b) in subsection (5) omit “In any other case”.

(9) In Schedule 13 to that Act (taking control of goods: amendments)—

(a) in paragraph 37 (repeal in section 66(2) of the Criminal Justice Act 1972)
35for the words after “etc.),” substitute “omit subsection (2).”,

(b) in paragraph 74 (repeal of sections 93 to 100 of the County Courts Act
1984) after “93 to” insert “98 and”,

(c) in paragraph 85 (amendment of section 436 of the Insolvency Act 1986)
for “436” substitute “436(1)”,

(d) 40in paragraph 125 (amendment of section 15 of the Employment
Tribunals Act 1996) for ““by execution issued from the county court””
substitute “the words from “by execution”, to “court” in the first place
after “by execution”,”, and

(e) in paragraph 134 (which amends Schedule 17 to the Financial Services
45and Markets Act 2000) for “paragraph 16(a)” substitute “paragraphs
16(a) and 16D(a)”.

24 Payment of fines and other sums

(1) In the Magistrates’ Courts Act 1980 after section 75 insert—

“75A Costs of collecting sums adjudged to be paid by a conviction

(1) Where a sum is adjudged to be paid by a conviction, the person liable
5to pay the sum is also liable to pay amounts in respect of costs of doing
things for the purpose of collecting sums of that kind.

(2) Where the person is charged such an amount, the sum adjudged to be
paid is treated as increased by that amount.

(3) No such amount may be charged unless a collection order or other
10notice of the person’s liability to pay such amounts has been served on
the person.

(4) Where time has been allowed for payment of the sum, no such amount
may be charged before the end of that time.

(5) Where payment is to be by instalments, no such amount may be
15charged—

(a) before the first occasion on which there is default in the
payment of an instalment, or

(b) at any other time when the instalments are up to date.

(6) No such amount may be charged in respect of costs that may be
20recovered under paragraph 62 of Schedule 12 to the Tribunals, Courts
and Enforcement Act 2007 (costs related to taking control of goods and
selling them).

(7) This section applies in relation to a sum even if a collection order is in
force in relation to the sum.”

(2) 25In the Courts Act 2003 after section 36 (a fines officer is a civil servant, or person
provided under a contract, who is so designated by the Lord Chancellor)
insert—

“36A All functions of fines officers may be contracted-out

A function given by or under an enactment to a fines officer as such is
30to be taken for the purposes of section 2(5) (ban on contracting-out of
judicial functions) as not involving the making of judicial decisions and
as not involving the exercise of any judicial discretion.”

(3) In Schedule 5 to that Act (collection of fines and other sums) in paragraph 13(1)
(contents of collection orders) after paragraph (c) insert—

“(ca) 35explain how the sum due may be increased by amounts in
respect of costs of doing things for the purpose of collecting
sums of that kind,”.

(4) In section 85 of the Magistrates’ Courts Act 1980 (power to remit fines) after
subsection (4) (power does not extend to other sums) insert—

“(5) 40Despite subsection (4) above, references in subsections (1) to (3) above
to a fine do include an amount that a person has been charged in respect
of costs mentioned in section 75A(1) above if the person is liable under
section 75A(1) above to pay the amount as a result of being liable to pay
a fine as defined by subsection (4) above.”

(5) In section 139(c) of that Act (disposal of balance of receipts on account of sum
adjudged to be paid) after “balance” insert “in accordance with any directions
under section 139A and, subject to that, in payment”.

(6) In that Act after section 139 insert—

“139A 5 Disposal of amounts received in respect of collection costs

(1) The Secretary of State may give directions requiring that money
received on account of an amount charged as mentioned in section 75A
is to be paid to the person who charged the amount.

(2) For the purposes of this section, money is received on account of an
10amount charged as mentioned in section 75A if—

(a) the money is received on account of a sum whose amount has
been increased under that section,

(b) the total received on account of the sum is more than the figure
the sum would be if increases under that section are excluded,
15and

(c) the money is—

(i) the balance after deducting that figure from the total
received, or

(ii) if less, so much of that balance as equals the amount
20charged.

(3) Directions under this section—

(a) may be general or apply only in cases specified in them;

(b) may make different provision for different purposes;

(c) may be revoked by directions given by the Secretary of State.”

(7) 25In section 24(2) of the Criminal Justice Act 1991 (regulations about applications
by courts for benefit deductions) after paragraph (b) insert—

“(ba) provision, including provision for deductions, in connection
with the fine or compensation to which an application relates
being treated as increased under section 75A of the 1980 Act or
30paragraph 42A of Schedule 5 to the Courts Act 2003;”.

(8) In section 56(3) of the Education and Skills Act 2008 (normal enforcement
provisions do not apply to a non-participation fine once offender reaches 18)
after “to be concluded” insert “or to preserve existing increases under section
75A of the Magistrates’ Courts Act 1980 (collection costs) or paragraph 42A of
35Schedule 5 to the Courts Act 2003”.

25 Disclosure of information to facilitate collection of fines and other sums

(1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums) is
amended as follows.

(2) Paragraphs 9A to 10 (disclosure of information by Secretary of State to court
40officer to help court decide whether to apply for benefit deductions etc)
become Part 3A of the Schedule.

(3) Accordingly, after paragraph 9 insert—

(4) In the heading before paragraph 9A, after “Disclosure of information in
connection with” insert “making of attachment of earnings order or”.

(5)
For paragraph 9A (power of Secretary of State to disclose information to help
5court decide whether to apply for benefit deductions) substitute—

“9A (1) The Secretary of State or a Northern Ireland department, or a person
providing services to the Secretary of State or a Northern Ireland
department, may disclose social security information to a relevant
person.

(1A) 10Her Majesty’s Revenue and Customs, or a person providing services
to the Commissioners for Her Majesty’s Revenue and Customs, may
disclose finances information to a relevant person.

(1B) The disclosure authorised by sub-paragraph (1) or (1A) is disclosure
of the information concerned for the purpose of facilitating the
15making, by the relevant court or a fines officer, of any of the
following—

(a) a decision as to whether to make an attachment of earnings
order in respect of P,

(b) a decision as to whether to make an application for benefit
20deductions in respect of P, and

(c) such an order or application.

(2) In this paragraph—

• “finances information” means information which—

  (a)

  is about a person’s income, gains or capital, and

  (b)

  25is held—

  (i)

  by Her Majesty’s Revenue and Customs, or

  (ii)

  by a person providing services to the
  Commissioners for Her Majesty’s Revenue
  and Customs in connection with the provision
  30of those services,

  or information which is held with information so held;

• “social security information” means information which is held
  for the purposes of functions relating to social security—

  (a)

  by the Secretary of State or a Northern Ireland
  35Department, or

  (b)

  by a person providing services to the Secretary of
  State, or a Northern Ireland Department, in
  connection with the provision of those services,

  or information which is held with information so held.

(2A) 40The reference in sub-paragraph (2) to functions relating to social
security includes a reference to functions relating to any of the
matters listed in section 127(8) of the Welfare Reform Act 2012
(statutory payments and maternity allowances).

(3) In this paragraph “relevant person” means a person who is
appointed by the Lord Chancellor under section 2(1) or provided
under a contract made by virtue of section 2(4).”

(6) In paragraph 9B(1) (limits on onward disclosure)—

(a) 5for “9A(3)” substitute “9A”, and

(b) for the words after “making” substitute “, by the relevant court or a
fines officer, of such a decision, order or application as is mentioned in
paragraph 9A(1B).”

(7) In paragraph 9B(2)(b) (use of information otherwise than in connection with
10decision mentioned in sub-paragraph (1)) for “as is mentioned in that sub-
paragraph” substitute “, order or application as is mentioned in paragraph
9A(1B)”.

(8) In paragraph 9B(3) (disclosures that are not unlawful)—

(a) in paragraph (a) (disclosure in accordance with order of a court etc)
15after “order of a court” insert “or of a tribunal established by or under
an Act”, and

(b) in paragraph (b) (disclosure of information previously lawfully
disclosed) after “disclose” insert “or use—

(i) any information which is in the form of a
20summary or collection of information so
framed as not to enable information relating
to any particular person to be ascertained
from it, or

(ii)”.

(9) 25In paragraph 9B(5) (offence of wrongful use or disclosure of disclosed
information punishable on summary conviction by a fine not exceeding level
4) for the words from “liable” to the end substitute “liable—

(a) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years, or

(ii) 30to a fine, or

(iii) to both;

(b) on summary conviction—

(i) to imprisonment for a term not exceeding 12 months,
or

(ii) 35to a fine not exceeding the statutory maximum, or

(iii) to both.”

(10) In paragraph 9B after sub-paragraph (5) insert—

“(6) Sub-paragraph (5)(b) applies in relation to offences committed
before the commencement of section 154(1) of the Criminal Justice
40Act 2003 (general limit on power of magistrates’ courts to impose
imprisonment) as if the reference to 12 months were a reference to 6
months.

(7) A prosecution for an offence under sub-paragraph (2) may be
instituted only by or with the consent of the Director of Public
45Prosecutions.”

(11) Omit paragraph 9C(2) and (4) (meaning of “benefit status” and “prescribed”).

(12) In paragraph 9C (interpretation etc of paragraphs 9A and 9B)—

(a) in sub-paragraph (1) for “This paragraph applies” substitute “Sub-
paragraphs (3) and (3A) apply”, and

(b) after sub-paragraph (3) insert—

“(3A) Relevant court” has the same meaning as in Part 3 of this
5Schedule.

(3B) In paragraphs 9A and 10 (as in the provisions of this Schedule
which extend to England and Wales only)—

• “fines officer” has the meaning given by section 36;

• “P” has the meaning given by paragraph 1.”

(13) 10Paragraphs 9A, 9C and 10, as amended by the preceding provisions of this
section, extend to Scotland and Northern Ireland (as well as to England and
Wales).

(14) Accordingly, in section 111(1) of the Courts Act 2003 (subject to subsections (2)
and (3), Act extends to England and Wales only) after “(3)” insert “and to
15section 25(13) of the Crime and Courts Act 2013 (extent of paragraphs 9A, 9C
and 10 of Schedule 5)”.

26 Disclosure of information for calculating fees of courts, tribunals etc

(1) The Secretary of State or a Northern Ireland Department, or a person providing
services to the Secretary of State or a Northern Ireland Department, may
20disclose social security information to a relevant person who wants social
security information in connection with deciding a fee-remission application.

(2) Her Majesty’s Revenue and Customs, or a person providing services to the
Commissioners for Her Majesty’s Revenue and Customs, may disclose tax
credit information or finances information to a relevant person who wants tax
25credit information or finances information in connection with deciding a fee-
remission application.

(3) Information disclosed to a relevant person under subsection (1) or (2)—

(a) must not be further disclosed, except to another relevant person who
wants social security information, tax credit information or finances
30information in connection with deciding a fee-remission application,
and

(b) must not be used otherwise than in connection with deciding a fee-
remission application.

(4) Subsection (3) does not prohibit—

(a) 35disclosure or use of information which is in the form of a summary or
collection of information so framed as not to enable information
relating to any particular person to be ascertained from it;

(b) disclosure or use of information which has previously been disclosed to
the public with lawful authority;

(c) 40disclosure or use of information so far as necessary to comply with—

(i) an order of a court,

(ii) an order of a tribunal established by or under an Act, or

(iii) a duty imposed by or under an Act or Northern Ireland
legislation.

(5) 45It is an offence for a person to disclose or use information in contravention of
subsection (3).

(6) It is a defence for a person charged with an offence under subsection (5) to
prove that the person reasonably believed that the disclosure or use concerned
was lawful.

(7) A person guilty of an offence under subsection (5) is liable—

(a) 5on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years, or

(ii) to a fine, or

(iii) to both;

(b) on summary conviction—

(i) 10to imprisonment for a period not exceeding 12 months, or

(ii) to a fine not exceeding the statutory maximum, or

(iii) to both.

(8) Subsection (7)(b) applies—

(a) in England and Wales in relation to offences committed before the
15commencement of section 154(1) of the Criminal Justice Act 2003
(general limit on magistrates’ court’s power to impose imprisonment),
and

(b) in Northern Ireland,

as if the reference to 12 months were a reference to 6 months.

(9) 20A prosecution for an offence under subsection (5)—

(a) may be instituted in England and Wales only by or with the consent of
the Director of Public Prosecutions, and

(b) may be instituted in Northern Ireland only by or with the consent of the
Director of Public Prosecutions for Northern Ireland.

(10) 25In this section—

• “fee-remission application” means an application for any relief available
  to recipients of a social security benefit, or tax credit, from fees under
  any of—

  (a)

  section 92 of the Courts Act 2003 (court fees),

  (b)

  30section 52 of the Constitutional Reform Act 2005 (Supreme
  Court fees),

  (c)

  section 54 of the Mental Capacity Act 2005 (Court of Protection
  fees),

  (d)

  section 58 of that Act (Public Guardian fees),

  (e)

  35section 42 of the Tribunals, Courts and Enforcement Act 2007
  (tribunal fees),

  (f)

  paragraph 9 of Schedule 12 to the Commonhold and Leasehold
  Reform Act 2002 (leasehold valuation tribunal fees),

  (g)

  paragraph 11 of Schedule 13 to the Housing Act 2004
  40(residential property tribunal fees), and

  (h)

  section 7 of the Gender Recognition Act 2004 (Gender
  Recognition Panel fees);

• “finances information” means information which—

  (a)

  is about a person’s income, gains or capital, and

  (b)

  45is held—

  (i)

  by Her Majesty’s Revenue and Customs, or

  Crime and Courts BillPage 27

  (ii)

  by a person providing services to the Commissioners for
  Her Majesty’s Revenue and Customs, in connection
  with the provision of those services;

• “relevant person” means—

  (a)

  5the Lord Chancellor,

  (b)

  the Secretary of State,

  (c)

  a person providing services to the Lord Chancellor or to the
  Secretary of State,

  (d)

  any of the officers or staff of the Supreme Court, or

  (e)

  10any of the officers or staff of, or a person providing services to,
  the Public Guardian appointed for the purposes of the Mental
  Capacity Act 2005;

• “social security information” means information which is held for the
  purposes of functions relating to social security—

  (a)

  15by the Secretary of State or a Northern Ireland Department, or

  (b)

  by a person providing services to the Secretary of State or a
  Northern Ireland Department, in connection with the provision
  of those services,

  or information which is held with information so held;

• 20“tax credit information” means information as to whether a person has
  been awarded child tax credit or working tax credit which is held—

  (a)

  by Her Majesty’s Revenue and Customs, or

  (b)

  by a person providing services to the Commissioners for Her
  Majesty’s Revenue and Customs, in connection with the
  25provision of those services.

27 Supreme Court security officers

(1) In Part 3 of the Constitutional Reform Act 2005 (the Supreme Court) after
section 51 insert—

“Court security

51A Security officers

(1) 30A Supreme Court security officer is a person who is—

(a) appointed by the President of the Supreme Court under section
49(1) or provided under a contract, and

(b) designated by the President as a Supreme Court security officer.

(2) The President may give directions as to—

(a) 35training courses to be completed by Supreme Court security
officers;

(b) conditions to be met before a person may be designated as a
Supreme Court security officer.

(3) For the purposes of sections 51B to 51E, a Supreme Court security
40officer who is not readily identifiable as such (whether by means of
uniform or badge or otherwise) is not to be regarded as acting in the
execution of the officer’s duty.

(4) In those sections “court building” means any building—

(a) where the business of the Supreme Court, or of the Judicial
45Committee of the Privy Council, is carried on, and

(b) to which the public has access.

51B Powers of search, exclusion, removal and restraint

(1) A Supreme Court security officer acting in the execution of the officer’s
duty may search—

(a) 5any person who is in, or seeking to enter, a court building, and

(b) any article in the possession of such a person.

(2) Subsection (1) does not authorise a Supreme Court security officer to
require a person to remove any of the person’s clothing other than a
coat, jacket, headgear, gloves or footwear.

(3) 10A Supreme Court security officer acting in the execution of the officer’s
duty may exclude or remove from a court building, or a part of a court
building, any person who refuses—

(a) to permit a search under subsection (1), or

(b) to surrender an article in the person’s possession when asked to
15do so under section 51C(1).

(4) A Supreme Court security officer acting in the execution of the officer’s
duty may—

(a) restrain any person who is in a court building, or

(b) exclude or remove any person from a court building, or a part
20of a court building,

if it is reasonably necessary to do so for one of the purposes given in
subsection (5).

(5) The purposes are—

(a) enabling business of the Supreme Court, or of the Judicial
25Committee of the Privy Council, to be carried on without
interference or delay;

(b) maintaining order;

(c) securing the safety of any person in the court building.

(6) A Supreme Court security officer acting in the execution of the officer’s
30duty may remove any person from a courtroom at the request of—

(a) a judge of the Supreme Court, or

(b) a member of the Judicial Committee of the Privy Council.

(7) The powers given by subsections (3), (4) and (6) include power to use
reasonable force, where necessary.

51C 35Surrender, seizure and retention of knives and other articles

(1) If a Supreme Court security officer acting in the execution of the
officer’s duty reasonably believes that an article in the possession of a
person who is in, or seeking to enter, a court building ought to be
surrendered on any of the grounds given in subsection (2), the officer
40must ask the person to surrender the article; and, if the person refuses
to surrender the article, the officer may seize it.

(2) The grounds are that the article—

(a) may jeopardise the maintenance of order in the court building
(or a part of it),

(b) 45may put the safety of any person in the court building at risk, or

(c) may be evidence of, or in relation to, an offence.

(3) Subject to subsection (4), a Supreme Court security officer may retain
an article which was—

(a) surrendered in response to a request under subsection (1), or

(b) 5seized under that subsection,

until the time when the person who surrendered it, or from whom it
was seized, is leaving the court building.

(4) If a Supreme Court security officer reasonably believes that the article
may be evidence of, or in relation to, an offence, the officer may retain
10it until—

(a) the time when the person who surrendered it, or from whom it
was seized, is leaving the court building, or

(b) the end of the permitted period,

whichever is the later.

(5) 15In subsection (4) “the permitted period” means such period, not
exceeding 24 hours from the time the article was surrendered or seized,
as will enable the Supreme Court security officer to draw the article to
the attention of a constable.

(6) Subsections (3) to (5) do not apply where a knife is—

(a) 20surrendered to a Supreme Court security officer in response to
a request under subsection (1), or

(b) seized by a Supreme Court security officer under that
subsection,

but, instead, the knife must be retained in accordance with regulations
25under section 51D(3) unless returned or disposed of in accordance with
those regulations or regulations under section 51D(1).

(7) If a Supreme Court security officer reasonably believes that a retained
knife may be evidence of, or in relation to, an offence, nothing in
subsection (6) prevents the officer retaining the knife for so long as
30necessary to enable the officer to draw it to the attention of a constable.

(8) In this section “knife” includes—

(a) a knife-blade, and

(b) any other article which—

(i) has a blade or is sharply pointed, and

(ii) 35is made or adapted for use for causing injury to the
person.

51D Regulations about retention of knives and other articles

(1) The Lord Chancellor may by regulations make provision as to—

(a) the provision to persons—

(i) 40by whom articles have been surrendered in response to
a request under subsection (1) of section 51C, or

(ii) from whom articles have been seized under that
subsection,

of written information about the powers of retention of
45Supreme Court security officers,

(b) the keeping of records about articles which have been so
surrendered or seized,