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| |
| | |
21 | Page 17, line 19, at end insert— |
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| “(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 |
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| 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 |
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| |
23 | Divide Clause 30 into two clauses, the first (Further power to withdraw penalty notice |
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| given under section 28) to consist of subsections (1) and (2) and the second |
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| (Withdrawal or variation of penalty notice given under section 28: further provisions) to |
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| consist of subsections (3) to (4) |
|
|
24 | Page 24, line 41, leave out “(5)” and insert “(4)” |
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|
25 | Page 26, line 32, at end insert “(but subject to subsection (6))” |
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26 | Page 27, line 15, at end insert— |
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| “(6) | The amount of any penalty payable by virtue of regulations under |
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| subsection (4)(b) must not exceed the amount for the time being specified |
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| as level 1 on the standard scale of fines for summary offences.” |
|
|
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 |
|
| |
| “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 |
|
|
|
| |
| | |
|
| notice under section 47 in respect of the offence to which the fine |
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| |
| (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 |
|
| |
| (b) | the relevant sum, or any part of it, remains unpaid when the person |
|
| |
| (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’ |
|
| |
| (3) | Accordingly, after the person has reached the age of 18— |
|
| (a) | the normal enforcement provisions do not apply in relation to the |
|
| |
| (b) | the normal enforcement powers are not exercisable in relation to the |
|
| |
| | except so far as necessary to permit current enforcement processes to be |
|
| |
| (4) | Any order or warrant made or issued in relation to the non-participation |
|
| |
| (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 |
|
| |
| (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 |
|
|
|
| |
| | |
|
| 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 |
|
| |
| (b) | removing any such provision for the time being made by that |
|
| |
29 | Insert the following new Clause— |
|
| “Enforcement of non-participation fine etc: fine imposed on person aged 18 or |
|
| |
| (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 |
|
| |
| (3) | The relevant sum is not enforceable as a sum adjudged to be paid by a |
|
| conviction of a magistrates’ court. |
|
| |
| (a) | the normal enforcement provisions do not apply in relation to the |
|
| |
| (b) | the normal enforcement powers are not exercisable in relation to the |
|
| |
| (5) | But subsections (3) and (4) do not prevent a magistrates’ court, on imposing |
|
| |
| (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 |
|
|
|
| |
| | |
|
| 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 |
|
| |
| (b) | sections 135 and 136 of that Act (committal and detention for short |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (b) | removing a reference to any provision or power for the time being |
|
| |
| |
| (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), |
|
| |
| (ii) | orders under that section and section 85A of that Act |
|
| (variation of instalments of sum adjudged to be paid by |
|
| |
| (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, |
|
|
|
| |
| | |
|
| | 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 |
|
| |
| (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.” |
|
|
33 | Insert the following new Clause— |
|
|
|
| |
| | |
|
| |
| 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— |
|
| |
| |
|
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 |
|
| |
| |
| |
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.” |
|
|
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.” |
|
|
39 | Insert the following new Clause— |
|
|
|
| |
| | |
|
| “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 |
|
| |
| (a) | the provisions of the Employment Rights Act 1996 (c. 18) inserted |
|
| |
| |
| |
| (d) | section 52 so far as relating to financial penalties under sections 22 |
|
| |
| (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 |
|
| |
| (b) | to amend that other provision so that it applies in relation to Wales, |
|
| with or without modification.” |
|
|
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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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. |
|
|