Amendments proposed to the Courts Bill [܃f4lords] - continued House of Commons

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Coroner's courts

   

Mr David Heath
Norman Lamb

NC5

To move the following Clause:—

       'The Lord Chancellor must, within 12 months of the coming into force of section 1, prepare and lay before both Houses of Parliament a report on the procedures, practice and systems for the carrying on of the business of Coroner's courts and make recommendations as to the desirability of extending his general duty under section 1 to Coroner's courts.'.


High sheriffs and under sheriffs

   

Mr William Cash
Mr Nick Hawkins
Angela Watkinson

NC6

To move the following Clause:—

       'The Lord Chancellor must, within three months of the coming into force of this Act, prepare and lay before both Houses of Parliament a report on the procedures, practice and systems of High Sheriffs and Under Sheriffs, and make recommendations as to the desirability of ensuring that High Sheriffs are indemnified against the costs of litigation which may arise before statutory limitation becomes effective and that Under Sheriffs are compensated for loss of office and earnings.'.


NEW SCHEDULES

   

Christopher Leslie

NS1

To move the following Schedule:—

'Collection of fines

Part 1

Introductory

      Application of Schedule

    (1) This Schedule applies if a person aged 18 or over ("P") is liable to pay a sum which—

            (a)   consists of or includes a fine, and

            (b)   is or is treated for the purposes of Part 3 of the 1980 Act as a sum adjudged to be paid by conviction of a magistrates' court.

    (2) In sub-paragraph (1)(a) "fine" does not include a pecuniary penalty, pecuniary forfeiture or pecuniary compensation payable on conviction.

      Meaning of "the sum due"

     In this Schedule "the sum due" means the sum adjudged to be paid as mentioned in paragraph 1(1).

      Meaning of "existing defaulter" etc.

    (1) For the purposes of this Schedule, P is an existing defaulter if it is shown that—

            (a)   he was required to pay the sum due immediately but failed to do so,

            (b)   the sum due or any other sum is registered for enforcement against him as a fine under—

            (i) section 71 of the Road Traffic Offenders Act 1988 (c.53),

            (ii) section 9 of the Criminal Justice and Police Act 2001 (c.16), or

            (iii) any other enactment specified in fines collection regulations,

            (c)   he is in default on a collection order in respect of another sum falling within paragraph 1(1), or

            (d)   he is in default in payment of another sum falling within paragraph 1(1) but in respect of which no collection order has been made.

    (2) For the purposes of this Schedule, P's existing default can be disregarded only if he shows that there was an adequate reason for it.

    (3) Sub-paragraph (2) is subject to sub-paragraph (4).

    (4) Where a sum is registered for enforcement against P as mentioned in sub-paragraph (1)(b), P's existing default is not one which can be disregarded for the purposes of the following provisions of this Schedule.

    (5) In sub-paragraph (1)(a) "immediately" means, where P is informed of his liability to pay the sum due in a notice, within the period specified in the notice.

    (6) The period so specified must be a period which—

            (a)   is not longer than 10 working days, and

            (b)   begins with the date of the notice.

    (7) "Collection order" means an order made under Part 4 of this Schedule.

Part 2

Immediate payment of fines: discounts

      Application of Part

     This Part applies if the court which is imposing the liability to pay the sum due concludes—

            (a)   that P should be required to pay the sum due immediately, and

            (b)   that he is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.

      Court's duty in relation to discount

     The court must make an order—

            (a)   stating its conclusions on the matters referred to in paragraph 4(b),

            (b)   stating the amount of the sum due, the amount of the fine and the amount of any other part of the sum due, and

            (c)   informing P of the effect of paragraph 6.

      The discount

    (1) P is allowed a discount on the fine if the sum due, less the amount of the discount, is paid in accordance with the terms of the order.

    (2) The amount of the discount is to be determined in accordance with fines collection regulations, but must not be greater than 50% of the fine.

    (3) The discount is given effect by extinguishing P's liability to pay the part of the sum due that is equal to the amount of the discount.

Part 3

Attachment of earnings orders and applications for benefit deductions

      Application of Part

    (1) This Part applies if—

            (a)   the court which is imposing the liability to pay the sum due concludes that P should not be required to pay the sum due immediately, or

            (b)   P was required to pay the sum due immediately but failed to do so.

    (2) In the following provisions of this Part, "the relevant court" means—

            (a)   the court which is imposing the liability to pay the sum due, or

            (b)   if sub-paragraph (1)(b) applies, the magistrates' court responsible for enforcing payment of the sum due.

      Attachment of earnings order or application for benefit deductions without P's consent

    (1) This paragraph applies if the relevant court concludes that P is an existing defaulter and that his existing default (or defaults) cannot be disregarded.

    (2) The court must make an attachment of earnings order if it appears to the court—

            (a)   that P is in employment, and

            (b)   that it is not impracticable or inappropriate to make the order.

    (3) The court must make an application for benefit deductions if it appears to the court—

            (a)   that P is entitled to a relevant benefit, and

            (b)   that it is not impracticable or inappropriate to make the application.

    (4) If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.

      Attachment of earnings order or application for benefit deductions with P's consent

    (1) This paragraph applies if the relevant court concludes that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.

    (2) The court may make—

            (a)   an attachment of earnings order, or

            (b)   an application for benefit deductions,

            if P consents.

      Meaning of "relevant benefit" and "application for benefit deductions"

    10  In this Schedule—

            (a)   "relevant benefit" means a benefit from which the Secretary of State may make deductions by virtue of section 24 of the Criminal Justice Act 1991 (c.53) (recovery of fines etc. by deductions from income support etc.), and

            (b)   "application for benefit deductions", in relation to a relevant benefit, means an application to the Secretary of State asking him to deduct sums from any amounts payable to P by way of the benefit.

Part 4

Making of collection orders

      Application of Part

    11 (1) This Part applies if—

            (a)   the court imposing the liability to pay the sum due concludes that P should not be required to pay the sum due immediately, or

            (b)   P was required to pay the sum due immediately but failed to do so;

    (and it applies whether or not the relevant court has made an attachment of earnings order or application for benefit deductions under Part 3 of this Schedule).

    (2) In this Part "the relevant court" has the same meaning as in Part 3 of this Schedule.

      Court's power to make a collection order

    12 (1) The relevant court must make an order ("a collection order") relating to the payment of the sum due, unless it appears to the court that it is impracticable or inappropriate to make the order.

    (2) If P is subject to a collection order, the powers of any court to deal with P's liability to pay the sum due are subject to the provisions of this Schedule and to fines collection regulations.

      Contents of collection orders: general

    13 (1) The collection order must—

            (a)   state the amount of the sum due, the amount of the fine and the amount of any other part of the sum due,

            (b)   state the court's conclusions as to whether P is an existing defaulter and if so whether the existing default (or defaults) can be disregarded,

            (c)   if the court has made an attachment of earnings order or an application for benefit deductions, state that fact,

            (d)   either specify the fines officer who is to have in relation to P the powers conferred by this Schedule or specify that any fines officer working at a specified fines office is to have those powers in relation to P, and

            (e)   contain information about the effect of the order.

    (2) In this Schedule "the fines officer", in relation to P, means the fines officer specified in the collection order or, if the collection order specifies a fines office, any fines officer working at the specified office.

      Contents of collection orders: no attachment of earnings order etc. made

    14 (1) If the relevant court has not under Part 3 made an attachment of earnings order or an application for benefit deductions, the collection order must state the payment terms.

    (2) "The payment terms" means—

            (a)   a term requiring P to pay the sum due within a specified period, or

            (b)   terms requiring P to pay the sum due by instalments of specified amounts on or before specified dates.

      Contents of collection orders: attachment of earnings order etc. made

    15 (1) If the court has under Part 3 of this Schedule made an attachment of earnings order or an application for benefit deductions, the collection order must state the reserve terms.

    (2) "The reserve terms" means terms of a description mentioned in paragraph 14(2) but which (subject to paragraphs 31, 32, 35, 36 and 39) are to have effect if the attachment of earnings order or application for benefit deductions fails.

      When an attachment of earnings order fails

    16  For the purposes of this Schedule, an attachment of earnings order fails if—

            (a)   P's employer fails to comply with the order, or

            (b)   the order is discharged at a time when P remains liable to pay any part of the sum due.

      When an application for benefit deductions fails

    17  For the purposes of this Schedule, an application for benefit deductions fails if—

            (a)   the application is withdrawn,

            (b)   the Secretary of State decides not to make deductions,

            (c)   an appeal against a decision of the Secretary of State to make deductions succeeds, or

            (d)   the Secretary of State ceases to make deductions at a time when P remains liable to pay any part of the sum due.

Part 5

Discount where collection order made

      Application of Part

    18  This Part applies if—

            (a)   a collection order has been made in respect of the sum due, and

            (b)   the order states that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.

      Discount on fine if the sum due is paid without default

    19 (1) P is allowed a discount on the fine if the sum due, less the amount of the discount, is paid without P at any time having been in default on the order.

    (2) The amount of the discount is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.

    (3) The discount is given effect by extinguishing P's liability to pay the part of the sum due that is equal to the amount of the discount.

      Meaning of "in default on a collection order"

    20  For the purposes of this Schedule, P is in default on a collection order if he fails to pay any amount due under the payment terms (or, if they have effect, the reserve terms) on or before the date on which it is required to be paid.

Part 6

Variation of collection orders containing payment terms

      Application of Part

    21  This Part applies if the court has made a collection order and the order contains payment terms.

      Application to fines officer for variation of order or attachment of earnings order etc.

    22 (1) P may, at any time—

            (a)   after the collection order is made and before Part 7 applies, and

            (b)   when he is not in default on the order,


            apply to the fines officer under this paragraph.

    (2) P may apply for—

            (a)   the payment terms to be varied, or

            (b)   an attachment of earnings order or application for benefit deductions to be made.

    (3) No application may be made under sub-paragraph (2)(a) unless—

            (a)   there has been a material change in P's circumstances since the collection order was made (or the payment terms were last varied under this paragraph), or

            (b)   P is making further information about his circumstances available.

    (4) On an application under sub-paragraph (2)(a), the fines officer may decide—

            (a)   to vary the payment terms in P's favour, or

            (b)   not to vary them.

    (5) On an application under sub-paragraph (2)(b), the fines officer may decide—

            (a)   to make an attachment of earnings order or application for benefit deductions, or

            (b)   not to do so.

    (6) If he decides to make an order or application he must vary the collection order so that it states reserve terms.

    (7) The reserve terms must not be less favourable to P than the payment terms.

    (8) A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.

    (9) Subject to paragraph 23, the effect of—

            (a)   a decision under sub-paragraph (4)(a), and

            (b)   a variation under sub-paragraph (6),


            is that the collection order has effect as varied by the fines officer.

      Appeal against decision of fines officer

    23 (1) P may, within 10 working days from the date of a decision under paragraph 22, appeal to the magistrates' court against the decision.

    (2) On an appeal under this paragraph the magistrates' court may—

            (a)   confirm or vary the payment terms (or the reserve terms),

            (b)   if the appeal is against a decision on an application under paragraph 22(2)(b) or if P consents, make an attachment of earnings order or an application for benefit deductions, or

            (c)   discharge the collection order and exercise any of its standard powers in respect of persons liable to pay fines.

    (3) If the court makes an attachment of earnings order or an application for benefit deductions, it must vary the collection order so that it states reserve terms.

      Nature of power to vary terms of collection order

    24 (1) A power to vary the payment terms of a collection order includes power to—

            (a)   substitute terms requiring P to pay by specified instalments on or before specified dates for a term requiring P to pay within a specified period, or

            (b)   substitute a term requiring P to pay within a specified period for terms requiring P to pay the sum due by specified instalments on or before specified dates.

    (2) Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid within a specified period is a power to vary the date on or before which the sum due is to be paid.

    (3) Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid by specified instalments on or before specified dates is a power to vary—

            (a)   the number of instalments payable;

            (b)   the amount of any instalment;

            (c)   the date on or before which any instalment is required to be paid.

    (4) This paragraph applies in relation to the variation of the reserve terms as it applies in relation to the payment terms.

Part 7

Effect of first default on collection order containing payment terms

      Application of Part

    25  This Part applies on the first occasion on which P is in default on a collection order containing payment terms and none of the following is pending—

            (a)   an application under paragraph 22 (application to fines officer for variation of order or for attachment of earnings order etc.);

            (b)   an appeal under paragraph 23 (appeal against decision of fines officer);

            (c)   a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).

      Attachment of earnings order or application for benefit deductions to be made

    26 (1) The fines officer must make an attachment of earnings order if it appears to him—

            (a)   that P is in employment, and

            (b)   that it is not impracticable or inappropriate to make the order.

    (2) The fines officer must make an application for benefit deductions if it appears to him—

            (a)   that P is entitled to a relevant benefit, and

            (b)   that it is not impracticable or inappropriate to make the application.

    (3) If it appears to the fines officer that (apart from this sub-paragraph) both sub-paragraph (1) and sub-paragraph (2) would apply, he must make either an attachment of earnings order or an application for benefit deductions.

      Increase in fine

    27 (1) This paragraph applies if—

            (a)   an attachment of earnings order, or

            (b)   an application for benefit deductions,

    made under paragraph 26 fails.

    (2) This paragraph also applies if the fines officer does not make—

            (a)   an attachment of earnings order, or

            (b)   an application for benefit deductions,


            under paragraph 26.

    (3) An increase is imposed on the fine which is the subject of the order.

    (4) The amount of the increase is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.

    (5) The increase is given effect by treating it as part of the fine imposed on P on his conviction.

    (6) But the liability to pay the part of the fine representing the increase—

            (a)   ranks after the liability to pay any other part of the sum due, and

            (b)   is subject to paragraphs 35(6) and 39(2) (liability to increase extinguished in cases of subsequent compliance).

      Notice of increase etc.

    28  If an increase is imposed, the fines officer must deliver a notice to P (an "increase notice")—

            (a)   informing P of the increase, and

            (b)   requiring P, within 10 working days from the date of the notice, to contact the fines officer, in person or in writing, with a view to reviewing the position.

Part 8

Operation of collection order containing reserve terms

      Application of Part

    29  This Part applies if—

            (a)   a collection order contains reserve terms, and

            (b)   the attachment of earnings order or application for benefit deductions made under Part 3 or 6 fails.

      Requirement to notify P on failure of an attachment of earnings order etc.

    30  The fines officer must deliver to P a notice ("a payment notice") informing P—

            (a)   that the order or application has failed and the reserve terms have effect,

            (b)   what P has to do to comply with the reserve terms, and

            (c)   of his right to make applications under paragraph 31.

      Application to fines officer for variation of reserve terms

    31 (1) P may, at any time—

            (a)   after the date of a payment notice under paragraph 30 and before an increase is imposed under paragraph 33, and

            (b)   when he is not in default on the collection order,


            apply to the fines officer for the reserve terms to be varied.

    (2) No application may be made under sub-paragraph (1) unless—

            (a)   there has been a material change in P's circumstances since the reserve terms were set (or last varied under this paragraph), or

            (b)   P is making further information about his circumstances available.

    (3) On such an application being made, the fines officer may decide—

            (a)   to vary the reserve terms in P's favour, or

            (b)   not to vary them.

    (4) A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.

    (5) Subject to paragraph 32, the effect of a decision under sub-paragraph (3)(a) is that the collection order has effect with the reserve terms varied in the way decided by the fines officer.

      Appeal against decision of fines officer

    32 (1) P may, within 10 working days from the date of a decision under paragraph 31(3), appeal to the magistrates' court against the decision.

    (2) On an appeal under this paragraph the magistrates' court may—

            (a)   confirm or vary the reserve terms, or

            (b)   discharge the order and exercise any of its standard powers in respect of persons liable to pay fines.

      Increase in fine on first default

    33 (1) This paragraph applies on the first occasion on which P is in default on the collection order and none of the following is pending—

            (a)   an application under paragraph 31(1) (application to fines officer for variation of reserve terms);

            (b)   an appeal under paragraph 32(1) (appeal against decision of fines officer);

            (c)   a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).

    (2) An increase is imposed on the fine which is the subject of the order.

    (3) The amount of the increase is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.

    (4) The increase is given effect by treating it as part of the fine imposed on P on his conviction.

    (5) But the liability to pay the part of the fine representing the increase—

            (a)   ranks after the liability to pay any other part of the sum due, and

            (b)   is subject to paragraphs 35(6) and 39(2) (liability to increase extinguished in cases of subsequent compliance).

      Notice of increase etc.

    34  If an increase is imposed the fines officer must deliver a notice to P (an "increase notice")—

            (a)   informing P of the increase, and

            (b)   requiring P, within 10 working days from the date of the notice, to contact the fines officer, in person or in writing, with a view to reviewing the position.

Part 9

Operation of collection orders after increase imposed

      Effect of compliance with requirement to contact fines officer

    35 (1) This paragraph applies if P contacts the fines officer as required by an increase notice under paragraph 28 or 34.

    (2) The fines officer may decide—

            (a)   to vary the payment terms (or the reserve terms) in P's favour, or

            (b)   not to vary them.

    (3) A decision of the fines officer under sub-paragraph (2) must be in writing, dated and delivered to P.

    (4) P may, within 10 working days from the date of the decision under sub-paragraph (2), appeal to the magistrates' court against the decision.

    (5) Subject to paragraph 39 (powers of court after increase), the effect of a decision under sub-paragraph (2)(a) is to vary the payment terms (or the reserve terms).

    (6) If, after the payment terms (or the reserve terms) are varied under sub-paragraph (2)(a), all amounts due under the order, other than the part of the fine representing the increase, are paid without P being in further default on the order, P's liability to pay that part is extinguished.

      Application to fines officer after increase for variation of payment terms

    36 (1) P may, at any time—

            (a)   after a relevant variation of the payment terms (or the reserve terms) and before paragraph 37 applies in relation to him, and

            (b)   when he is not in default on the collection order,


            apply to the fines officer for those terms to be further varied.

    (2) "Relevant variation of the payment terms (or the reserve terms)" means—

            (a)   a variation under paragraph 35(2)(a) (variation in P's favour following increase), or

            (b)   a variation under paragraph 39(3)(a) (variation by court).

    (3) No application may be made under sub-paragraph (1) unless—

            (a)   there has been a material change in P's circumstances since—

            (i) the relevant variation, or

            (ii) the last variation under this paragraph, or

            (b)   P is making further information about his circumstances available.

    (4) On such an application being made, the fines officer may decide—

            (a)   to vary the payment terms (or the reserve terms) in P's favour, or

            (b)   not to vary them.

    (5) A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.

    (6) P may, within 10 working days from the date of a decision under sub-paragraph (4), appeal to the magistrates' court against the decision.

    (7) Subject to paragraph 39, the effect of a decision under sub-paragraph (4)(a) is to vary the payment terms (or the reserve terms).

      Functions of fines officer in relation to defaulters: referral or further steps notice

    37 (1) This paragraph applies if P fails to contact the fines officer as required by an increase notice under paragraph 28 or 34.

    (2) This paragraph also applies if—

            (a)   P contacts the fines officer as required by an increase notice under paragraph 28 or 34,

            (b)   the fines officer decides under paragraph 35(2) not to vary the payment terms (or the reserve terms), and

            (c)   no appeal under paragraph 35(4) (appeal against decision about variation following increase) is pending.

    (3) This paragraph also applies if after the increase is imposed—

            (a)   there is a relevant variation of the payment terms (or the reserve terms),

            (b)   no relevant appeal is pending,

            (c)   no application under paragraph 36(1) (application for further variation in P's favour) is pending, and

            (d)   no reference under paragraph 42 (power of fines officer to refer case to magistrates' court) is pending,

    but P is again in default on the order.

    (4) "Relevant variation of the payment terms (or the reserve terms)" has the same meaning as in paragraph 36.

    (5) "Relevant appeal" means an appeal under—

            (a)   paragraph 35(4) (appeal against decision whether to vary following increase), or

            (b)   paragraph 36(6) (appeal against decision on application for further variation).

    (6) The fines officer must—

            (a)   refer P's case to the magistrates' court, or

            (b)   deliver to P a notice (a "further steps notice") that he intends to take one or more of the steps listed in paragraph 38.

    (7) Any steps that the fines officer intends to take must be specified in the notice.

    (8) A further steps notice must be in writing and dated.

    (9) P may, within 10 working days from the date of the further steps notice, appeal to the magistrates' court against it.

      The range of further steps available against defaulters

    38 (1) The steps referred to in paragraphs 37(6)(b) and 39(3) and (4) (powers to take further steps) are—

            (a)   issuing a warrant of distress for the purpose of levying the sum due;

            (b)   registering the sum in the register of judgments and orders required to be kept by section 96;

            (c)   making an attachment of earnings order or an application for benefit deductions;

            (d)   subject to sub-paragraph (3), making a clamping order;

            (e)   taking any other step permitted under provisions of fines collections regulations which apply any other enforcement power of a magistrates' court (with or without modifications).

    (2) A clamping order is an order—

            (a)   that a motor vehicle be fitted with an immobilisation device ("clamped"), and

            (b)   which complies with any requirements that are imposed by fines collection regulations under paragraph 46 with respect to the making of clamping orders.

    (3) A clamping order must not be made except in relation to a vehicle which is registered under the Vehicle Excise and Registration Act 1994 (c.22) in P's name.

      Powers of court after increase

    39 (1) This paragraph applies if the magistrates' court is hearing P's case following—

            (a)   an appeal under paragraph 35(4) or 36(6) (appeals against decisions about variation following increase),

            (b)   a referral under paragraph 37(6)(a) (functions of fines officer in relation to defaulters), or

            (c)   an appeal under paragraph 37(9) (appeal against a further steps notice).

    (2) If the magistrates' court is satisfied that the circumstances of P's case are exceptional, it may make an order that if, after the making of the order, all amounts due under the collection order, other than the part of the fine representing the increase, are paid without P being in further default on the order, P's liability to pay that part is extinguished.

    (3) On an appeal or referral falling within sub-paragraph (1)(a) or (b), the court may—

            (a)   vary the payment terms (or the reserve terms);

            (b)   take any of the steps listed in paragraph 38;

            (c)   discharge the order and exercise any of its standard powers in respect of persons liable to pay fines.

    (4) On an appeal against a further steps notice, the court may—

            (a)   confirm or quash the notice;

            (b)   vary the notice so as to specify any step listed in paragraph 38;

            (c)   vary the payment terms (or the reserve terms);

            (d)   discharge the order and exercise any of its standard powers in respect of persons liable to pay fines.

      Implementation of further steps notice

    40  If—

            (a)   P does not appeal within 10 working days against a further steps notice, or

            (b)   he does so but the further steps notice is confirmed or varied,


            any step specified in the notice (or the notice as varied) may be taken.

      Power to order sale of clamped vehicle

    41 (1) This paragraph applies if—

            (a)   a motor vehicle has been clamped under a clamping order, and

            (b)   at the end of the period specified in fines collection regulations under paragraph 46 any part of the sum due is unpaid.

    (2) The magistrates' court may order that—

            (a)   the vehicle is to be sold or otherwise disposed of in accordance with those regulations, and

            (b)   any proceeds are to be applied in accordance with those regulations in discharging P's liability in respect of the sum due.

      Power of fines officer to refer case to magistrates' court

    42 (1) The fines officer may refer a case to the magistrates' court at any time during the period which—

            (a)   begins the day after the collection order is made, and

            (b)   ends with the date on which—

            (i) the sum due (including any increase to which he remains liable) is paid, or

            (ii) the order is discharged.

    (2) On a referral under this paragraph, the court may—

            (a)   confirm or vary the payment terms (or the reserve terms),

            (b)   discharge the order and exercise any of its standard powers in respect of persons liable to pay fines, or

            (c)   to the extent permitted by fines collection regulations, exercise a power it could exercise under any other paragraph.

    (3) Fines collection regulations may provide for the fines officer to have the power to issue a summons for the purpose of ensuring that P attends a magistrates' court to whom P's case has been referred under this paragraph or paragraph 37.

Part 10

Supplementary provisions

      Fines collection regulations

    43  In this Schedule "fines collection regulations" means regulations made by the Lord Chancellor for the purpose of giving effect to this Schedule.

    44 (1) Fines collection regulations may, for the purpose of giving effect to this Schedule and section (Collection of fines and discharge of fines by unpaid work) so far as it relates to this Schedule, make provision modifying (or applying with modifications) any enactment which relates to fines or the enforcement of payment of sums falling within paragraph 1(1).

    (2) The enactments which may be so modified (or applied with modifications) include enactments containing offences.

    (3) Fines collection regulations may make different provision for different cases.

    45  Fines collection regulations may, for the purpose of giving effect to the powers to make attachment of earnings orders, make provision as to the method for calculating the amounts which are to be deducted from P's earnings.

    46 (1) Fines collection regulations may, for the purpose of giving effect to the powers to make clamping orders and to order the sale of clamped motor vehicles, make provision in connection with—

            (a)   the fitting of immobilisation devices;

            (b)   the fitting of immobilisation notices to motor vehicles to which immobilisation devices have been fitted;

            (c)   the removal and storage of motor vehicles;

            (d)   the release of motor vehicles from immobilisation devices or from storage (including the conditions to be met before the vehicle is released);

            (e)   the sale or other disposal of motor vehicles not released.

    (2) Fines collection regulations must provide that an immobilisation device may not be fitted to a vehicle—

            (a)   which displays a current disabled person's badge, or

            (b)   in relation to which there are reasonable grounds for believing that it is used for the carriage of a disabled person.

    (3) In this Schedule—

        "disabled person's badge" means a badge issued, or having effect as if issued, under regulations made under section 21 of the Chronically Sick and Disabled Persons Act 1970 (c.44) (badges for display on motor vehicles used by disabled persons);
        "immobilisation device" has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (c.27) (immobilisation of vehicles illegally parked);
        "motor vehicle" means a mechanically propelled vehicle intended or adapted for use on roads, except that section 189 of the Road Traffic Act 1988 (c.52) (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts.

    47  Fines collection regulations may make provision relating to cases where a person who is subject to a collection order changes his place of residence.

      Offences of providing false information, failing to disclose information etc.

    48 (1) P commits an offence if, in providing a statement of his financial circumstances to a fines officer in response to a relevant request, he—

            (a)   makes a statement which he knows to be false in a material particular,

            (b)   recklessly provides a statement which is false in a material particular, or

            (c)   knowingly fails to disclose any material fact.

    (2) A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

    (3) P commits an offence if he fails to provide a statement of his financial circumstances to a fines officer in response to a relevant request.

    (4) A person guilty of an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

    (5) A relevant request is a request for information about P's financial circumstances which—

            (a)   is made by a fines officer, and

            (b)   is expressed to be made for the purpose of determining whether or how the fines officer should vary the payment terms (or the reserve terms) of a collection order in P's favour.

    (6) Proceedings in respect of an offence under this paragraph may be commenced at any time within—

            (a)   2 years from the date of the commission of the offence, or

            (b)   6 months from its first discovery by the prosecutor,


            whichever ends first.

      Offence of meddling with vehicle clamp

    49 (1) A person commits an offence if he removes or attempts to remove—

            (a)   an immobilisation device, or

            (b)   an immobilisation notice,

    fitted or fixed to a motor vehicle in accordance with a clamping order made under a further steps notice or under paragraph 39(3)(b) (powers of court after increase).

    (2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

      Meaning of "standard powers in respect of persons liable to pay fines"

    50  In this Schedule "standard powers in respect of persons liable to pay fines" means any power—

            (a)   that a magistrates' court would have had if P had not been subject to a collection order but had been liable to pay the sum due, and

            (b)   which fines collection regulations apply (with or without modifications) for the purposes of this Schedule.

      Meaning of references to pending appeals

    51  For the purposes of this Schedule the period during which an appeal under this Schedule is pending is to be treated as including the period within which the appeal may be brought (regardless of whether it is in fact brought).

      Meaning of "10 working days"

    52  In this Schedule "10 working days" means any period of 10 days not including—

            (a)   Saturday or Sunday,

            (b)   Christmas Day or Good Friday, or

            (c)   any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c.80).

      Meaning of "the magistrates' court"

    53  In this Schedule "the magistrates' court", in relation to a collection order, means any magistrates' court acting in the local justice area in which the court which made the order was sitting.'.



 
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