Search Legislation

Courts Act 2003

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Part 3A

 Help about opening options

Changes to legislation:

Courts Act 2003, Part 3A is up to date with all changes known to be in force on or before 23 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Courts Act 2003

Commencement Orders bringing provisions within this Act into force:

[F1Part 3AE+WDisclosure of information, and meaning of "relevant benefit" etc]

Textual Amendments

F1Sch. 5 Pt. 3A heading inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(3), 61(3); S.I. 2013/2981, art. 2(a)

[F2Disclosure of information in connection with [F3making of attachment of earnings order or] application for benefit deductionsE+W

Textual Amendments

F2Sch. 5 paras. 9A-9C and cross-headings inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 41, 153; S.I. 2008/2712, art. 2, Sch. para. 6 (subject to arts. 3, 4)

F3Words in Sch. 5 para. 9A heading inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(4), 61(3); S.I. 2013/2981, art. 2(a)

[F49A(1)The Secretary of State or a Northern Ireland department, or a person providing services to the Secretary of State or a Northern Ireland department, may disclose social security information to a relevant person.E+W

(1A)Her Majesty's Revenue and Customs, or a person providing services to the Commissioners for Her Majesty's Revenue and Customs, may disclose finances information to a relevant person.

(1B)The disclosure authorised by sub-paragraph (1) or (1A) is disclosure of the information concerned for the purpose of facilitating the making, by the relevant court or a fines officer, of any of the following—

(a)a decision as to whether to make an attachment of earnings order in respect of P,

(b)a decision as to whether to make an application for benefit deductions in respect of P, and

(c)such an order or application.

(2)In this paragraph—

  • finances information” means information which—

    (a)

    is about a person's income, gains or capital, and

    (b)

    is held—

    (i)

    by Her Majesty's Revenue and Customs, or

    (ii)

    by a person providing services to the Commissioners for Her Majesty's Revenue and Customs in connection with the provision of those services,

    or information which is held with information so held;

  • social security information” means information which is held for the purposes of functions relating to social security—

    (a)

    by the Secretary of State or a Northern Ireland Department, or

    (b)

    by a person providing services to the Secretary of State, or a Northern Ireland Department, in connection with the provision of those services,

    or information which is held with information so held.

(2A)The reference in sub-paragraph (2) to functions relating to social security includes a reference to functions relating to any of the matters listed in section 127(8) of the Welfare Reform Act 2012 (statutory payments and maternity allowances).

(3)In this paragraph “relevant person” means a person who is appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4).]

Textual Amendments

F4Sch. 5 para. 9A substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(5), 61(3); S.I. 2013/2981, art. 2(a)

Modifications etc. (not altering text)

C1Sch. 5 para. 9A extended (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(13), 61(3); S.I. 2013/2981, art. 2(a)

Restrictions on disclosureE+W

9B(1)A person to whom information is disclosed under paragraph [F59A], or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making [F6, by the relevant court or a fines officer, of such a decision, order or application as is mentioned in paragraph 9A(1B).]E+W

(2)A person to whom such information is disclosed commits an offence if the person—

(a)discloses or uses the information, and

(b)the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision [F7, order or application as is mentioned in paragraph 9A(1B)].

(3)But it is not an offence under sub-paragraph (2)—

(a)to disclose any information in accordance with any enactment or order of a court [F8or of a tribunal established by or under an Act] or for the purposes of any proceedings before a court; or

(b)to disclose [F9or use—

(i)any information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or

(ii)]any information which has previously been lawfully disclosed to the public.

(4)It is a defence for a person charged with an offence under sub-paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.

(5)A person guilty of an offence under sub-paragraph (2) is [F10liable—

(a)on conviction on indictment—

(i)to imprisonment for a term not exceeding 2 years, or

(ii)to a fine, or

(iii)to both;

(b)on summary conviction—

(i)to imprisonment for a term not exceeding 12 months, or

(ii)to a fine not exceeding the statutory maximum, or

(iii)to both.]

[F11(6)Sub-paragraph (5)(b) applies in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on power of magistrates' courts to impose imprisonment) as if the reference to 12 months were a reference to 6 months.

(7)A prosecution for an offence under sub-paragraph (2) may be instituted only by or with the consent of the Director of Public Prosecutions.]

Textual Amendments

F5Word in Sch. 5 para. 9B(1) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(6)(a), 61(3); S.I. 2013/2981, art. 2(a)

F6Words in Sch. 5 para. 9B(1) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(6)(b), 61(3); S.I. 2013/2981, art. 2(a)

F7Words in Sch. 5 para. 9B(2)(b) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(7), 61(3); S.I. 2013/2981, art. 2(a)

F8Words in Sch. 5 para. 9B(3)(a) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(8)(a), 61(3); S.I. 2013/2981, art. 2(a)

F9Words in Sch. 5 para. 9B(3)(b) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(8)(b), 61(3); S.I. 2013/2981, art. 2(a)

F10Words in Sch. 5 para. 9B(5) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(9), 61(3); S.I. 2013/2981, art. 2(a)

F11Sch. 5 para. 9B(6)(7) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(10), 61(3); S.I. 2013/2981, art. 2(a)

Paragraphs 9A and 9B: supplementaryE+W

9C(1)[F12Sub-paragraphs (3) and (3A) apply] for the purposes of paragraphs 9A and 9B.E+W

F13(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Information” means information held in any form.

[F14(3A)Relevant court” has the same meaning as in Part 3 of this Schedule.

(3B)In paragraphs 9A and 10 (as in the provisions of this Schedule which extend to England and Wales only)—

  • fines officer” has the meaning given by section 36;

  • P” has the meaning given by paragraph 1.]

F15(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Nothing in paragraph 9A or 9B authorises the making of a disclosure which contravenes [F16the data protection legislation].

[F17(6)In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]]

Textual Amendments

F12Words in Sch. 5 para. 9C substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(12)(a), 61(3); S.I. 2013/2981, art. 2(a)

F13Sch. 5 para. 9C(2) omitted (11.12.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 27(11), 61(3); S.I. 2013/2981, art. 2(a)

F14Sch. 5 para. 9C(3A)(3B) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(12)(b), 61(3); S.I. 2013/2981, art. 2(a)

F15Sch. 5 para. 9C(4) omitted (11.12.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 27(11), 61(3); S.I. 2013/2981, art. 2(a)

F16Words in Sch. 5 para. 9C(5) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 92(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Modifications etc. (not altering text)

C2Sch. 5 para. 9C extended (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(13), 61(3); S.I. 2013/2981, art. 2(a)

Meaning of “relevant benefit” and “application for benefit deductions”E+W

10In this Schedule—

(a)relevant benefit” means a benefit from which the Secretary of State may make deductions by virtue of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from [F18universal credit and] income support etc.), and

(b)application for benefit deductions”, in relation to a relevant benefit, means an application to the Secretary of State asking him to deduct sums from any amounts payable to P by way of the benefit.

Textual Amendments

Modifications etc. (not altering text)

C3Sch. 5 para. 10 extended (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(13), 61(3); S.I. 2013/2981, art. 2(a)

Commencement Information

I1Sch. 5 para. 10 wholly in force at 5.4.2004; Sch. 5 para. 10 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 10 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 10 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 10 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources