Magistrates’ Courts Act 1980

Orders other than for payment of money E+W

63 Orders other than for payment of money. E+W

(1) Where under any Act passed after 31st December 1879 a magistrates’ court has power to require the doing of anything other than the payment of money, or to prohibit the doing of anything, any order of the court for the purpose of exercising that power may contain such provisions for the manner in which anything is to be done, for the time within which anything is to be done, or during which anything is not to be done, and generally for giving effect to the order, as the court thinks fit.

(2) The court may by order made on complaint suspend or rescind any such order as aforesaid.

(3) Where any person disobeys an order of a magistrates’ court made under an Act passed after 31st December 1879 to do anything other than the payment of money or to abstain from doing anything the court may—

(a) order him to pay a sum not exceeding £50 for every day during which he is in default or a sum not exceeding [F1 £5,000]; or

(b) commit him to custody until he has remedied his default or for a period not exceeding 2 months;

but a person who is ordered to pay a sum for every day during which he is in default or who is committed to custody until he has remedied his default shall not by virtue of this section be ordered to pay more than £1,000 or be committed for more than 2 months in all for doing or abstaining from doing the same thing contrary to the order (without prejudice to the operation of this section in relation to any subsequent default).

(4) Any sum ordered to be paid under subsection (3) above shall for the purposes of this Act be treated as adjudged to be paid by a conviction of a magistrates’ court.

(5) The preceding provisions of this section shall not apply to any order for the enforcement of which provision is made by any other enactment.

Textual Amendments

F1 Word in s. 63(3)(a) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 17(3)(a), 101(1), Sch. 4 Pt.I, Sch. 12 para. 6 (with s. 28); S.I. 1992/333, art. 2(2), Sch.2

Modifications etc. (not altering text)

C1 S. 63(1)-(4) applied by 2000 c. 6, Sch. 1 Pt 1A para. 9F(2) (as inserted (27.2.2004) by Criminal Justice Act 2003 (c. 44), ss. 324, 336, Sch. 34 para. 6; S.I. 2004/81, art. 5(2)(d)

C2 S. 63(1)-(4) applied (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 93(7), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C3 S. 63(2) excluded by Public Order Act 1986 (c. 64, SIF 39:2), s. 33(6)

C4 S. 63(2) excluded by Football Spectators Act 1989 (c. 37, SIF 45A), s. 17(6)

S. 63(2) restricted (1.10.1997) by 1996 c. 27, s. 59(3) (with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(a)

C5 S. 63(1)-(4) applied by 2000 c. 6, Sch. 1 Pt 1A para. 9F(2) (as inserted (27.2.2004) by Criminal Justice Act 2003 (c. 44), ss. 324, 336, Sch. 34 para. 6; S.I. 2004/81, art. 5(2)(d)

C6 S. 63(2) restricted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 73(3), 263, Sch. 6 para. 42(b); S.I. 2005/3175, art. 2, Sch. 1

C7 S. 63(3) amended by Contempt of Court Act 1981 (c. 49, SIF 39:3), s. 17(1)

C8 S. 63(3) extended (14.10.1991) by Children Act 1989 (c. 41, SIF 20) ss. 14(1), 108(6) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

C9 S. 63(1)-(4) applied by 2000 c. 6, Sch. 1 Pt 1A para. 9F(2) (as inserted (27.2.2004) by Criminal Justice Act 2003 (c. 44), ss. 324, 336, Sch. 34 para. 6; S.I. 2004/81, art. 5(2)(d)

C10 S. 63(3) applied (1.1.2023) by 1967 c. 10, s. 24B(5) (as inserted by Environment Act 2021 (c. 30), s. 147(3), Sch. 16 para. 6 (with s. 144); S.I. 2022/1266, reg. 2(d) (with reg. 3(4)))

C11 S. 63(1)-(4) applied by 2000 c. 6, Sch. 1 Pt 1A para. 9F(2) (as inserted (27.2.2004) by Criminal Justice Act 2003 (c. 44), ss. 324, 336, Sch. 34 para. 6; S.I. 2004/81, art. 5(2)(d)