House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

6
21
Page 17, line 19, at end insert—

“(3A)
If the amount of a penalty is reduced under section (Withdrawal or variation

of penalty notice given under section 28 following notice of objection), any sum

already paid or recovered must, to the extent that it was paid or recovered

in respect of any amount in excess of the reduced amount, be repaid to the

employer with interest at the appropriate rate running from the date when

the sum was paid or recovered.”
22
Page 17, line 20, leave out “For the purposes of subsection (3)” and insert “In this

section”
23
Divide Clause 30 into two clauses, the first (Further power to withdraw penalty notice

given under section 28) to consist of subsections (1) and (2) and the second

(Withdrawal or variation of penalty notice given under section 28: further provisions) to

consist of subsections (3) to (4)
Clause 44
24
Page 24, line 41, leave out “(5)” and insert “(4)”
Clause 47
25
Page 26, line 32, at end insert “(but subject to subsection (6))”
26
Page 27, line 15, at end insert—

“(6)
The amount of any penalty payable by virtue of regulations under

subsection (4)(b) must not exceed the amount for the time being specified

as level 1 on the standard scale of fines for summary offences.”
After Clause 48
27
Insert the following new Clause—

“Non-participation fines: interpretation

(1)
In this section and sections (Enforcement of non-participation fine etc: person

reaching 18) to (Application of amounts recovered by virtue of section

(Enforcement of non-participation fine etc: person reaching 18) or (Enforcement of

non-participation fine etc: fine imposed on person aged 18 or over))—

“non-participation fine” means a fine imposed—

(a)
for an offence under section 45, or

(b)
in respect of a failure to comply with any sentence imposed

for such an offence;

“the relevant sum”, in relation to a non-participation fine, means—

(a)
the non-participation fine,

(b)
any surcharge ordered under section 161A of the Criminal

Justice Act 2003 (c. 44) (surcharges) to be paid solely in

relation to the offence, and

(c)
any costs ordered by a court to be paid by the person on

whom the fine was imposed in connection with the offence

or proceedings relating to the offence or any sentence

imposed (including proceedings on appeal);

“relevant local education authority”, in relation to a non-participation

fine, means the local education authority which issued the penalty

7

notice under section 47 in respect of the offence to which the fine

relates.

(2)
References in those sections to a fine being imposed are, in the case of a fine

varied or confirmed on appeal, references to its being varied or confirmed.”
28
Insert the following new Clause—

“Enforcement of non-participation fine etc: person reaching 18

(1)
This section applies where—

(a)
a non-participation fine has been imposed on a person aged under

18, and

(b)
the relevant sum, or any part of it, remains unpaid when the person

reaches the age of 18.

(2)
When the person reaches the age of 18, the relevant sum ceases to be

enforceable as a sum adjudged to be paid by a conviction of a magistrates’

court.

(3)
Accordingly, after the person has reached the age of 18—

(a)
the normal enforcement provisions do not apply in relation to the

relevant sum, and

(b)
the normal enforcement powers are not exercisable in relation to the

relevant sum,


except so far as necessary to permit current enforcement processes to be

concluded.

(4)
Any order or warrant made or issued in relation to the non-participation

fine, other than—

(a)
an order under section 75 of the Magistrates’ Courts Act 1980 (c. 43)

(power to dispense with immediate payment),

(b)
an order under section 85A of that Act (variation of instalments of

sum adjudged to be paid by conviction), or

(c)
a current enforcement process,


ceases to have effect when the person reaches the age of 18.

(5)
A magistrates’ court may, after the person has reached the age of 18, order

that payment of so much of the relevant sum as remains unpaid may be

enforced as if it were a sum due to the relevant local education authority in

pursuance of a judgment or order of a county court.

(6)
An order under subsection (5) may not be made unless—

(a)
the person appears to the court to have sufficient means to pay the

sum forthwith, and

(b)
any current enforcement processes have been concluded.

(7)
For the purposes of this section, “current enforcement process” means an

order or warrant mentioned in paragraph (a), (b) or (c) and any reference

to its conclusion is to be read in accordance with that paragraph—

(a)
a warrant of control—

(i)
issued under section 76 of the Magistrates’ Courts Act 1980

(c. 43) (warrants of control etc) for the purpose of recovering

the relevant sum (or any part of it), and

(ii)
by virtue of which an enforcement agent has, before the

person reaches the age of 18, taken control of any goods of

8

the person under Schedule 12 to the Tribunals, Courts and

Enforcement Act 2007 (c. 15) (taking control of goods),


is concluded when property in all goods of the person has, in

accordance with paragraph 6 of that Schedule, ceased to be bound

by virtue of the warrant;

(b)
an order in force when the person reaches the age of 18 under—

(i)
section 81(1)(b) of the Magistrates’ Courts Act 1980 (c. 43)

(enforcement of fines imposed on young offenders), or

(ii)
section 137(1) of the Powers of Criminal Courts (Sentencing)

Act 2000 (c. 6) (power to order parent or guardian to pay

fine, costs, compensation or surcharge),


requiring that the relevant sum (or any part of it) be paid by a

parent or guardian of the person is concluded when it is revoked;

(c)
an order in force when the person reaches the age of 18 under

section 39 of the Criminal Justice and Immigration Act 2008 (c. 4)

(youth default orders) in respect of the relevant sum (or any part of

it) is concluded when it is revoked.

(8)
Subsection (2) does not affect the exercise of any power, or any order made,

in respect of the offence before the person reached the age of 18.

(9)
The Lord Chancellor may by order amend subsection (4) or (7) by—

(a)
adding to it provision about any warrant or order that may be

issued or made, or step that may be taken, in relation to a non-

participation fine before the person on whom it is imposed reaches

the age of 18, or

(b)
removing any such provision for the time being made by that

subsection.”
29
Insert the following new Clause—

“Enforcement of non-participation fine etc: fine imposed on person aged 18 or

over

(1)
This section applies where a non-participation fine is imposed on a person

who has reached the age of 18.

(2)
Payment of the relevant sum may be enforced as if it were a sum due to the

relevant local education authority in pursuance of a judgment or order of a

county court.

(3)
The relevant sum is not enforceable as a sum adjudged to be paid by a

conviction of a magistrates’ court.

(4)
Accordingly—

(a)
the normal enforcement provisions do not apply in relation to the

relevant sum, and

(b)
the normal enforcement powers are not exercisable in relation to the

relevant sum.

(5)
But subsections (3) and (4) do not prevent a magistrates’ court, on imposing

the fine, from—

(a)
making an order under section 75 of the Magistrates’ Courts Act

1980 (c. 43) (power to dispense with immediate payment), or

(b)
making an order under section 80 of that Act (application of money

found on defaulter to satisfy sum adjudged) for the person to be

9

searched before leaving the precincts of the court-house; and

subsections (2) and (3) of that section apply in relation to a search in

pursuance of any such order.”
30
Insert the following new Clause—

“Enforcement of non-participation fine: further provisions

(1)
In sections (Enforcement of non-participation fine etc: person reaching 18) and

(Enforcement of non-participation fine etc: fine imposed on person aged 18 or

over), “the normal enforcement provisions” means—

(a)
Part 3 of the Magistrates’ Courts Act 1980 (c. 43) (satisfaction and

enforcement);

(b)
sections 135 and 136 of that Act (committal and detention for short

period);

(c)
section 108 of the Powers of Criminal Courts (Sentencing) Act 2000

(c. 6) (detention of persons aged at least 18 but under 21 for default

or contempt);

(d)
Schedules 5 and 6 to the Courts Act 2003 (c. 39) (collection of fines

etc and discharge of fines by unpaid work); and

(e)
section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose

unpaid work requirement or curfew requirement on fine defaulter).

(2)
In sections (Enforcement of non-participation fine etc: person reaching 18) and

(Enforcement of non-participation fine etc: fine imposed on person aged 18 or

over), “the normal enforcement powers”, in relation to any sum, means—

(a)
any power of a magistrates’ court or an officer of such a court—

(i)
to enforce payment of the sum; or

(ii)
which is exercisable in consequence of a default in payment

of the sum or any part of it;

(b)
in the case of a fine imposed, varied or confirmed by a decision of

any other court on an appeal, any power of that other court to

enforce the decision.

(3)
The Lord Chancellor may by order amend subsection (1) or (2) by—

(a)
adding a reference to any statutory provision which relates to

enforcement of fines, costs or surcharges, or to any power to enforce

payment of such sums, or

(b)
removing a reference to any provision or power for the time being

listed in that section.

(4)
Where—

(a)
a sum is payable at a time or times specified by—

(i)
an order under section 75 of the Magistrates’ Courts Act

1980 (c. 43) (power to dispense with immediate payment),

or

(ii)
orders under that section and section 85A of that Act

(variation of instalments of sum adjudged to be paid by

conviction), and

(b)
the sum would (but for this subsection) be treated by virtue of

section (Enforcement of non-participation fine etc: person reaching 18) or

(Enforcement of non-participation fine etc: fine imposed on person aged 18

or over) as due to a local education authority in pursuance of a

judgment or order of a county court,

10


the sum is to be treated as so payable to that authority at the time or times

referred to in paragraph (a) by virtue of an order of the county court under

section 71(1) of the County Courts Act 1984 (c. 28) (satisfaction of

judgments and orders for payment of money).”
31
Insert the following new Clause—

“Application of sums recovered by virtue of section (Enforcement of non-

participation fine etc: person reaching 18) or (Enforcement of non-

participation fine etc: fine imposed on person aged 18 or over)

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

application of amounts recovered by local education authorities by virtue

of sections (Enforcement of non-participation fine etc: person reaching 18) and

(Enforcement of non-participation fine etc: fine imposed on person aged 18 or

over).

(2)
Any such regulations must make provision for securing that any such

amount recovered, so far as not—

(a)
attributable to county court enforcement costs, or

(b)
paid to a magistrates’ court, or to an officer of such a court,


is repaid to the person on whom the non-participation fine to which it

relates was imposed (or other person who paid the amount).

(3)
Regulations under this section may make provision, in particular, as to—

(a)
the extent to which amounts recovered by virtue of section

(Enforcement of non-participation fine etc: person reaching 18) or

(Enforcement of non-participation fine etc: fine imposed on person aged 18

or over) are attributable to county court enforcement costs;

(b)
further payments, or repayments, to be made in consequence of any

appeal, or of any remission or variation of a non-participation fine

or any other amount required to be paid.

(4)
In this section, “county court enforcement costs” in relation to a non-

participation fine means costs incurred by a local education authority in

connection with the recovery of the relevant sum in a county court.”
32
Insert the following new Clause—

“Review of initial operation of Chapter

(1)
The Secretary of State must appoint a person to conduct a review of the

initial operation of this Chapter.

(2)
The person appointed must make a report to the Secretary of State on the

review within a reasonable period after the school leaving date for 2016.

(3)
The Secretary of State must lay a copy of the report before Parliament.

(4)
The Secretary of State may pay to the person appointed such remuneration

and expenses as the Secretary of State may determine.”
After Clause 50
33
Insert the following new Clause—

11

“House of Lords staff

The following provisions apply in relation to employment under a contract

of employment with the Corporate Officer of the House of Lords as they

apply in relation to other employment—

(a)
sections 19 to 21;

(b)
sections 24 to 26.”
Clause 51
34
Page 28, line 30, leave out subsection (3) and insert—

“(3)
The following provisions apply in relation to employment as a relevant

member of the House of Commons staff as they apply in relation to other

employment—

(a)
sections 19 to 21;

(b)
sections 24 to 26.”
35
Page 28, leave out lines 42 to 44
36
Page 29, line 1, leave out from “staff”” to end of line 4 and insert “has the same

meaning as in section 195 of the Employment Rights Act 1996 (c. 18)”.
37
Page 29, line 4, at end insert—

“( )
Subsections (6), (7) and (12) of that section (person to be treated as

employer of relevant member of House of Commons staff) apply (with any

necessary modifications) for the purposes of the provisions mentioned in

subsection (3) as applied by virtue of this section.”
Clause 52
38
Page 29, line 17, at end insert—

“( )
Where a person is required by a penalty notice given under section 22 or 28

to pay a financial penalty, and

(a)
has given a notice of objection to the local education authority

under section (Withdrawal or variation of penalty notice given under

section 22 following notice of objection) or (Withdrawal or variation of

penalty notice given under section 28 following notice of objection), or

(b)
has appealed against the giving of the penalty notice under section

(Appeal against penalty notice given under section 22) or (Appeal against

penalty notice given under section 28),


the penalty is not enforceable until the authority has given a determination

notice under section (Withdrawal or variation of penalty notice given under

section 22 following notice of objection) or (Withdrawal or variation of penalty

notice given under section 28 following notice of objection) in relation to the

penalty notice, or, as the case may be, the appeal has been determined.”
After Clause 53
39
Insert the following new Clause—

12

“Corresponding provision for Wales

(1)
This section applies if a Measure of the National Assembly for Wales

includes provision that appears to the Secretary of State to correspond to

provision made by section 2.

(2)
The Secretary of State may by order make provision in relation to Wales

that corresponds to any provision made by sections 19 to 30.

(3)
Without prejudice to section 147(4), the power conferred by this section

includes power to make provision in relation to Wales that corresponds to

any of the following—

(a)
the provisions of the Employment Rights Act 1996 (c. 18) inserted

by sections 31 to 33;

(b)
section 49;

(c)
section 50;

(d)
section 52 so far as relating to financial penalties under sections 22

and 28.

(4)
Power conferred by this section to make provision in relation to Wales that

corresponds to any other provision includes power—

(a)
to apply that other provision in relation to Wales, with or without

modification;

(b)
to amend that other provision so that it applies in relation to Wales,

with or without modification.”
After Clause 56
40
Insert the following new Clause—

“Provision of support on conditional basis: learning and support agreements

(1)
Services provided for young persons in pursuance of section 54 or 56(1)(b)

may include the provision of support on a conditional basis.

(2)
For the purposes of this section—

(a)
“support” provided for a person means any form of support and

includes, in particular—

(i)
support in the form of medical or social care, including care

provided otherwise than to that person,

(ii)
support in the form of incentives, including allowances and

payments, and

(iii)
other financial assistance;

(b)
support is provided for a young person on a conditional basis if it

is provided under arrangements (a “learning and support

agreement”) under which its provision is subject to the young

person’s agreement to fulfil conditions (“learning and support

conditions”).

(3)
Subsections (4) to (6) apply where support is provided for a young person

on a conditional basis by virtue of subsection (1).

(4)
The learning and support agreement must include provision (whether or

not in the form of a learning and support condition) relating to the young

person’s participation in education or training.