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(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. | 5 |
(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 | 10 |
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. | 15 |
(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. | 20 |
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 | 25 |
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” | 30 |
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 | 35 |
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 | 40 |
brought). | |
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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 | 5 |
(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 | 10 |
court which made the order was sitting. | |
Schedule 6 | |
Section 97(2) | |
Discharge of fines by unpaid work | |
Part 1 | |
Work orders | 15 |
Introductory | |
1 (1) This Part of 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 | 20 |
adjudged to be paid by conviction of a magistrates’ court. | |
(2) In this Part of this Schedule— | |
“fine” does not include any pecuniary penalty, pecuniary | |
compensation or pecuniary forfeiture payable on conviction; | |
“the prescribed hourly sum” means such sum as may be prescribed by | 25 |
regulations; | |
“regulations” means regulations made under this Schedule by the | |
Lord Chancellor; | |
“the relevant court” means— | |
(a) the court imposing the liability to pay the relevant sum, or | 30 |
(b) if that liability has previously been imposed, the | |
magistrates’ court responsible for enforcing payment of the | |
relevant sum; | |
“the relevant sum” means the sum for which P is liable as mentioned | |
in sub-paragraph (1), but excluding any pecuniary compensation or | 35 |
any sum due in respect of prosecution costs. | |
Cases where work order may be made | |
2 The relevant court may, on the application of a fines officer or of its own | |
motion, make an order under this Schedule (a “work order”) where— | |
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(a) it appears to the court that in view of P’s financial circumstances all | |
the following methods of enforcing payment of the relevant sum are | |
likely to be impracticable or inappropriate— | |
(i) a warrant of distress under section 76 of the 1980 Act, | |
(ii) an application to the High Court or county court for | 5 |
enforcement under section 87 of the 1980 Act, | |
(iii) an order under section 88 of the 1980 Act, | |
(iv) an attachment of earnings order, | |
(v) an application for deductions to be made by virtue of section | |
24 of the Criminal Justice Act 1991 (c. 53) (recovery of fines | 10 |
etc. by deductions from income support etc.), and | |
(vi) a collection order under Schedule 5, | |
(b) it appears to the court that P is a suitable person to perform unpaid | |
work under this Schedule, and | |
(c) P consents to the making of the order. | 15 |
Provisions of order | |
3 (1) A work order is an order requiring P to perform unpaid work for a specified | |
number of hours, in accordance with instructions to be given by the fines | |
officer, in order to discharge by virtue of this Schedule his liability for the | |
relevant sum. | 20 |
(2) The order must also— | |
(a) state the amount of the relevant sum, the amount of the fine and the | |
amount of any other part of the relevant sum, | |
(b) 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 | 25 |
working at a specified fines office is to have those powers in relation | |
to P, and | |
(c) specify a person (“the supervisor”) who is to act as supervisor in | |
relation to P. | |
(3) The specified number of hours is to be determined by dividing the relevant | 30 |
sum by the prescribed hourly sum and, where the result is not a whole | |
number, adjusting the result upwards to the next whole number. | |
(4) A work order must specify a date (“the specified date”) by which the | |
required hours of unpaid work must be performed. | |
(5) In the following provisions of this Part of this Schedule “the fines officer”, in | 35 |
relation to P, means the fines officer specified in the work order or, if the | |
work order specifies a fines office, any fines officer working at the specified | |
office. | |
Effect of order on enforcement of payment | |
4 (1) Where a work order has been made in respect of the relevant sum, payment | 40 |
of that sum may not be enforced against P unless the order is revoked. | |
(2) On making a work order, the court must revoke any order relating to the | |
enforcement of the payment of the relevant sum. | |
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Appointment of, and duties of, supervisor | |
5 (1) A person may not be appointed as the supervisor without his consent. | |
(2) It is the duty of the supervisor— | |
(a) to monitor P’s compliance with the requirements of the work order, | |
and | 5 |
(b) to provide the court with such information as the court may require | |
relating to P’s compliance with those requirements. | |
Obligations of person subject to work order, and effect of compliance | |
6 (1) Where a work order is in force, P must perform for the number of hours | |
specified in the order such work, at such places and at such times as he may | 10 |
be instructed by the fines officer. | |
(2) The fines officer must ensure, as far as practicable, that any instructions | |
given to P in pursuance of the work order are such as to avoid— | |
(a) any conflict with P’s religious beliefs, and | |
(b) any interference with the times, if any, at which he normally works | 15 |
or attends school or any other educational establishment. | |
(3) If before the specified date P performs work in accordance with the | |
instructions of the fines officer for the specified number of hours, his liability | |
to pay the relevant sum is discharged. | |
Effect of payment | 20 |
7 (1) Where a work order has been made in respect of any sum— | |
(a) on payment of the whole of the sum to any person authorised to | |
receive it, the work order ceases to have effect, and | |
(b) on payment of part of the sum to any such person, the number of | |
hours specified in the order is to be taken to be reduced by a | 25 |
proportion corresponding to that which the part paid bears to the | |
whole of the relevant sum. | |
(2) In calculating any reduction required by sub-paragraph (1)(b), any fraction | |
of an hour is to be disregarded. | |
Revocation or variation of order | 30 |
8 (1) If, on the application of the fines officer, it appears to the magistrates’ court | |
that P is failing or has failed to comply with a work order without reasonable | |
excuse, the court must revoke the order. | |
(2) If, on the application of the fines officer, it appears to the magistrates’ | |
court— | 35 |
(a) that P has failed to comply with a work order but has a reasonable | |
excuse for the failure, or | |
(b) that, because of a change in circumstances since the order was made, | |
P is unlikely to be able to comply with a work order, | |
the court may revoke the order or postpone the specified date. | 40 |
(3) In this paragraph “the magistrates’ court”, in relation to a work 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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(4) A work order may be revoked under sub-paragraph (1) or (2), or varied | |
under sub-paragraph (2), before the specified date (as well as on or after that | |
date). | |
(5) Regulations may provide for the fines officer to have the power to issue a | |
summons for the purpose of ensuring that P attends the magistrates’ court | 5 |
to which an application has been made under sub-paragraph (1) or (2). | |
Allowing for work done | |
9 (1) If it appears to the magistrates’ court revoking a work order under | |
paragraph 8(1) or (2) that P has performed at least one hour of unpaid work | |
in accordance with the instructions of the fines officer, the court must by | 10 |
order specify the number of hours of work that have been performed; and | |
for this purpose any fraction of an hour is to be disregarded. | |
(2) Where the court has specified a number of hours under this paragraph, P’s | |
liability to pay the relevant sum is discharged to the extent of the prescribed | |
hourly sum in respect of each hour. | 15 |
Effect of revocation | |
10 (1) Where a work order is revoked under paragraph 8(1) or (2), immediate | |
payment of the relevant sum (subject to any reduction under paragraph 9(2)) | |
may be enforced against P. | |
(2) Sub-paragraph (1) does not limit the court’s power, on or after the | 20 |
revocation of the work order, to allow time for payment or to direct payment | |
by instalments. | |
Order not directly enforceable | |
11 The obligations of P under a work order are not enforceable against him | |
except by virtue of paragraph 10(1). | 25 |
Evidence of supervisor | |
12 (1) This paragraph applies where— | |
(a) it falls to a magistrates’ court to determine whether P has performed | |
unpaid work in accordance with a work order, and | |
(b) a justice of the peace is satisfied— | 30 |
(i) that the supervisor is likely to be able to give evidence that | |
may assist the court in determining that matter, and | |
(ii) that the supervisor will not voluntarily attend as a witness. | |
(2) The justice may issue a summons directed to that person requiring him to | |
attend before the court at the time and place appointed in the summons to | 35 |
give evidence. | |
Provision of information | |
13 Regulations may— | |
(a) require a work order to contain prescribed information, | |
(b) require the court making a work order to give a copy of the order to | 40 |
such persons as may be prescribed, and | |
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(c) require the court revoking or varying a work order to give notice of | |
the revocation or variation to such persons as may be prescribed. | |
Part 2 | |
Consequential amendments | |
Magistrates’ Courts Act 1980 (c. 43) | 5 |
14 In section 82 of the 1980 Act (restriction on power to impose imprisonment | |
for default) after subsection (4A) insert— | |
“(4B) The cases in which the offender’s default may be regarded for the | |
purposes of subsection (4)(b)(i) as being attributable to his wilful | |
refusal or culpable neglect include any case in which— | 10 |
(a) he has refused, otherwise than on reasonable grounds, to | |
consent to a work order proposed to be made under Schedule | |
6 to the Courts Act 2003 (discharge of fines by unpaid work), | |
or | |
(b) he has without reasonable excuse failed to comply with such | 15 |
an order.” | |
National Minimum Wage Act 1998 (c. 39) | |
15 After section 45 of the National Minimum Wage Act 1998 insert— | |
“45A Persons discharging fines by unpaid work | |
A person does not qualify for the national minimum wage in respect | 20 |
of any work that he does in pursuance of a work order under | |
Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid | |
work).” | |
Schedule 7 | |
Section 99 | |
High Court writs of execution | 25 |
Enforcement officers: general | |
Districts for writs of execution enforced by enforcement officers | |
1 (1) England and Wales is to be divided into districts for the purposes of this | |
Schedule. | |
(2) The districts are to be those specified in regulations made under paragraph | 30 |
12. | |
Enforcement officers: authorisation and assignment to districts | |
2 (1) An enforcement officer is an individual who is authorised to act as such by | |
the Lord Chancellor or a person acting on his behalf. | |
(2) The Lord Chancellor or a person acting on his behalf must assign at least one | 35 |
enforcement officer to each district. | |
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(3) The Lord Chancellor or a person acting on his behalf may— | |
(a) assign an enforcement officer to more than one district, and | |
(b) change any assignment of an enforcement officer so that he is | |
assigned to a different district or to different districts. | |
Direction of writs of execution to enforcement officers | 5 |
3 (1) A writ of execution issued from the High Court may be directed— | |
(a) if only one enforcement officer is assigned to the district in which the | |
writ is to be executed, to that officer, | |
(b) if two or more enforcement officers are assigned to that district, to | |
those officers collectively, or | 10 |
(c) to a named enforcement officer who, whether or not assigned to that | |
district, has undertaken to execute the writ. | |
(2) In this paragraph “writ of execution” does not include— | |
(a) a writ of sequestration, or | |
(b) a writ relating to ecclesiastical property. | 15 |
Enforcement officers to have traditional powers etc. of sheriff | |
4 (1) This paragraph applies in relation to writs directed to one or more | |
enforcement officers under paragraph 3. | |
(2) The relevant officer has, in relation to the writ, the duties, powers, rights, | |
privileges and liabilities that a sheriff of a county would have had at | 20 |
common law if— | |
(a) the writ had been directed to him, and | |
(b) the district in which it is to be executed had been within his county. | |
(3) “The relevant officer” means— | |
(a) if the writ is directed to a single enforcement officer under paragraph | 25 |
3(1)(a) or (c), that officer; | |
(b) if the writ is directed to two or more enforcement officers collectively | |
under paragraph 3(1)(b), the officer to whom, in accordance with | |
approved arrangements, the execution of the writ is allocated. | |
(4) Sub-paragraph (2) applies to a person acting under the authority of the | 30 |
relevant officer as it applies to the relevant officer. | |
(5) In this Schedule “approved arrangements” means arrangements approved | |
by the Lord Chancellor or a person acting on his behalf. | |
Constable’s duty to assist enforcement officers | |
5 It is the duty of every constable, at the request of— | 35 |
(a) an enforcement officer, or | |
(b) a person acting under the officer’s authority, | |
to assist the officer or that person in the execution of a writ. | |
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