(b) recklessly provides a statement which is false in a material
(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
(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
(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
Meaning of “10 working days”
52 In this Schedule “10 working days” means any period of 10 days not
(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.
Discharge of fines by unpaid work
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
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
“regulations” means regulations made under this Schedule by the
“the relevant court” means—
(a) the court imposing the liability to pay the relevant sum, or
(b) if that liability has previously been imposed, the
magistrates’ court responsible for enforcing payment of the
“the relevant sum” means the sum for which P is liable as mentioned
in sub-paragraph (1), but excluding any pecuniary compensation or
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—
(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
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
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.
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
(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
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
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
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
Effect of order on enforcement of payment
4 (1) Where a work order has been made in respect of the relevant sum, payment
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.
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,
(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
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
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
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
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
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’
(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.
(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.
(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
(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
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
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.
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
revocation of the work order, to allow time for payment or to direct payment
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).
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—
(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
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
such persons as may be prescribed, and
(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.
Magistrates’ Courts Act 1980 (c. 43)
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—
(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),
(b) he has without reasonable excuse failed to comply with such
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
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
High Court writs of execution
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
(2) The districts are to be those specified in regulations made under paragraph
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
enforcement officer to each district.
(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
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
(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.
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
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
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
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—
(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.