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.
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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
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(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."
Lord Filkin: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 20 to 23.
Moved, That the House do agree with the Commons in their Amendments Nos. 20 to 23.(Lord Filkin.)
On Question, Motion agreed to.
24After Schedule 5, Insert the following new Schedule
"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 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
"the prescribed hourly sum" means such sum as may be prescribed by regulations;
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"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
(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, any pecuniary forfeiture or any sum due in respect of prosecution costs.
Cases where work order may be made
2 (1) 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 (recovery of fines etc. by deductions from income support etc.), and(vi) a collection order under Schedule (Collection of fines),
(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.
(2) A court which is considering the making of a work order may issue a summons requiring P to appear before the court.
(3) A magistrates' court which is considering the making of a work order may order P to give to the court, within a specified period, such a statement of his means as the court may require.
(4) Subsections (2) to (4) of section 84 of the 1980 Act (offences in respect of statement of means) apply to an order made under sub-paragraph (3) as they apply to an order made under subsection (1) of that section.
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.
(2) The order must also
(a) state the amount of the relevant sum,
(b) specify a fines office to which the order is allocated, 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") not later than 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 any fines officer working at the fines office specified in the work order.
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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, and
(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 not later than 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 relevant 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 relevant court
(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) The relevant court may of its own motion revoke a work order if it appears to the court that, because of a change in circumstances since the order was made, P is unlikely to be able to comply with the order.
(4) A work order may be revoked under any of sub-paragraphs (1) to (3), 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 court to which an application has been made under sub-paragraph (1) or (2).
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Allowing for work done
9 (1) If it appears to the court revoking a work order under paragraph 8(1), (2) or (3) 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), (2) or (3), 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 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).
Evidence of supervisor
12 (1) This paragraph applies where
(a) it falls to a court to determine whether P has performed unpaid work in accordance with a work order, and
(b) the court 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 court 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 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 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."
Lord Filkin: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 24 and do propose Amendments Nos. 24A to 24C thereto and Amendment No. 24D consequential on it:
Line 6, leave out "Part of this"
Line 10, leave out "Part of this"
Line 67, leave out "Part of this"
Clause 106, Page 58, line 19, at end insert