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SCHEDULES

Section 4

F1SCHEDULE 1E+WF1...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Section 6

SCHEDULE 2E+WAbolition of magistrates' courts committees: transfers

Part 1 E+WProperty transfer schemes

Property transfer schemes: generalE+W

1(1)The Lord Chancellor may make a scheme or schemes for the transfer to him or another Minister of the Crown of any property, rights or liabilities—E+W

(a)to which magistrates' courts committees are entitled or subject immediately before the appointed day, or

(b)to which any of the persons specified in sub-paragraph (2) is entitled or subject immediately before the appointed day and which then subsist for the purposes of, or in connection with, or are otherwise attributable to, magistrates' courts.

(2)The persons are—

(a)an authority which is a responsible authority for the purposes of the Justices of the Peace Act 1997;

(b)the Receiver for the Metropolitan Police District;

(c)the council of an outer London borough;

(d)the Common Council of the City of London;

(e)a police authority established under section 3 of the Police Act 1996;

(f)a local probation board;

(g)any other body which acts under any enactment or instrument for public purposes and not for its own profit.

(3)Without prejudice to the generality of paragraph (b) of sub-paragraph (1), any property, rights or liabilities are to be treated as falling within that paragraph if the Lord Chancellor issues a certificate to that effect.

(4)In this Schedule “property transfer scheme” means a scheme under sub-paragraph (1).

(5)In this Part of this Schedule “the appointed day” means—

(a)in the case of the transfer of property, rights or liabilities to which magistrates' courts committees are entitled or subject, the day immediately before the abolition day;

(b)in any other case, the day specified in the scheme.

(6)On the day which is the appointed day in relation to property, rights or liabilities to which provisions of a property transfer scheme apply, the property, rights and liabilities are transferred and vest in accordance with those provisions.

(7)In this Schedule “the abolition day” means the day appointed under section 110(1) for the coming into force of section 6(1) (abolition of magistrates' courts committees).

Property transfer schemes and terminated contracts of employmentE+W

2A property transfer scheme may not transfer rights or liabilities under a contract of employment, except where the rights or liabilities—E+W

(a)are those to which a magistrates' courts committee is entitled or subject, and

(b)relate to a person whose contract of employment was terminated before the appointed day.

Property transfer schemes: supplementaryE+W

3(1)A property transfer scheme may provide for the creation of rights, or the imposition of liabilities, in relation to property transferred by the scheme.E+W

(2)A property transfer scheme may provide for the apportionment or division of any property, rights or liabilities.

(3)A property transfer scheme may—

(a)specify property, rights or liabilities to be transferred under or in accordance with the scheme, or

(b)provide for property, rights or liabilities to be transferred to be determined in accordance with the scheme.

4(1)A property transfer scheme has effect in relation to the property, rights and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of any of the property, rights and liabilities.E+W

(2)A right of pre-emption, right of reverter or other similar right is not to operate or become exercisable as a result of a transfer under a property transfer scheme.

(3)In the case of such a transfer, any such right has effect as if the transferee were the same person in law as the transferor and as if the transfer had not taken place.

5(1)Such compensation as is just is to be paid to a third party in respect of any right which would, apart from paragraph 4, have operated in favour of, or become exercisable by, him but which, in consequence of the operation of that paragraph, cannot subsequently operate in his favour or become exercisable by him.E+W

(2)Any compensation payable by virtue of sub-paragraph (1) is to be paid by the transferor, by the transferee or by both.

(3)A property transfer scheme may provide for the determination of any disputes as to—

(a)whether, and (if so) how much, compensation is payable by virtue of sub-paragraph (1), and

(b)the person to whom or by whom it is to be paid.

(4)Third party” means a person other than the transferor or the transferee.

6Paragraphs 4 and 5 apply in relation to the creation of rights in relation to property as they apply in relation to a transfer of property; and references to the transferor and the transferee are to be read accordingly.E+W

7A certificate issued by the Lord Chancellor that any property, rights or liabilities have, or have not, been transferred under or in accordance with a property transfer scheme is conclusive evidence of the transfer, or of the fact that there has not been a transfer.E+W

Stamp dutyE+W

8(1)Stamp duty is not chargeable in respect of a transfer or grant effected under or in accordance with a property transfer scheme.E+W

(2)No instrument made or executed for the purposes of such a transfer or grant is to be treated as duly stamped unless—

(a)it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped, or

(b)it is stamped with the duty to which it would be liable, apart from this paragraph.

Supplementary provisions in property transfer schemeE+W

9A property transfer scheme may make such supplemental, consequential or transitional provision for the purposes of, or in connection with, a transfer made by the scheme as the Lord Chancellor considers appropriate.E+W

Part 2 E+WStaff transfers

InterpretationE+W

10In this Part of this Schedule—E+W

(a)TUPE” means the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794),

(b)the appointed day” means the day immediately before the abolition day,

(c)references to a responsible authority are to an authority which is a responsible authority under the Justices of the Peace Act 1997,

(d)references to a responsible authority’s relevant functions are to its functions under that Act, and

(e)references to a transferred employee are to an employee transferred to the Lord Chancellor’s employment by virtue of paragraph 11 or 12.

Application of TUPEE+W

11For the purposes of TUPE—E+W

(a)the functions of each magistrates' courts committee are to be treated as transferred on the appointed day from the committee to the Lord Chancellor, and

(b)each such transfer is to be treated as the transfer of an undertaking.

12(1)For the purposes of TUPE—E+W

(a)the relevant functions of each responsible authority are to be treated as transferred on the appointed day from the authority to the Lord Chancellor,

(b)each such transfer is to be treated as the transfer of an undertaking, and

(c)each person falling within sub-paragraph (2) (but no other person) is to be treated as employed in the undertaking immediately before the appointed day.

(2)A person falls within this sub-paragraph if—

(a)immediately before the appointed day he is employed by the responsible authority under a contract of employment,

(b)he spends a substantial part of his time on duties connected with the relevant functions of the authority, and

(c)the Lord Chancellor certifies that in his opinion it is expedient that the person be transferred to the Lord Chancellor’s employment.

(3)Where TUPE applies by virtue of this paragraph, it applies as if regulation 5(4B) were omitted.

13A reference in any enactment to a person appointed under section 2(1) includes a transferred employee.E+W

Restrictions on employment of aliens not to apply to transferred employeesE+W

14Nothing in—E+W

(a)section 3 of the Act of Settlement,

(b)section 6 of the Aliens Restriction (Amendment) Act 1919, or

(c)any rules prescribing requirements as to nationality which must be satisfied in the case of persons employed in a civil capacity under the Crown,

applies to the employment of a transferred employee by the Lord Chancellor following his transfer by virtue of paragraph 11 or 12.

Compensation for responsible authoritiesE+W

15The Lord Chancellor may, to the extent he thinks fit, compensate a responsible authority in respect of costs incurred by the authority as a result of this Act in respect of a person who—E+W

(a)immediately before the appointed day is employed by the authority under a contract of employment, and

(b)spends part of his time on duties connected with the relevant functions of the authority,

but who is not transferred to the Lord Chancellor’s employment by virtue of paragraph 12.

Part 3 E+WMiscellaneous and supplementary

Continuing provision of court-houses, accommodation etc.E+W

16(1)The Lord Chancellor may by regulations provide that any petty sessional court-house or other accommodation specified in the regulations which immediately before the abolition day was being provided by—E+W

(a)the council of an outer London borough, or

(b)the Common Council of the City of London,

pursuant to regulations made under paragraph 35 of Schedule 14 to the Access to Justice Act 1999 shall on and after that day be provided by that council to the Lord Chancellor for the performance of his functions under section 3.

(2)Regulations under sub-paragraph (1) may—

(a)prescribe terms and conditions, including conditions as to payment, on which any court-house or other accommodation is to be provided, and

(b)prohibit a council providing a court-house or other accommodation under sub-paragraph (1) from altering or extending it without the consent of the Lord Chancellor.

AssistanceE+W

17It is the duty of each magistrates' courts committee, and each person falling within paragraph 1(2) to provide the Lord Chancellor with such information or assistance as he may reasonably require for the purposes of, or in connection with—E+W

(a)the exercise of any powers exercisable by him in relation to a property transfer scheme, or

(b)Part 2 of this Schedule.

Section 45

SCHEDULE 3E+WPre-trial hearings in magistrates' courts

After section 8 of the 1980 Act, insert—

Pre-trial hearingsE+W

8APower to make rulings at pre-trial hearing

(1)For the purposes of this section a hearing is a pre-trial hearing if—

(a)it relates to an information—

(i)which is to be tried summarily, and

(ii)to which the accused has pleaded not guilty, and

(b)it takes place before the start of the trial.

(2)For the purposes of subsection (1)(b), the start of a summary trial occurs when the court begins—

(a)to hear evidence from the prosecution at the trial, or

(b)to consider whether to exercise its power under section 37(3) of the Mental Health Act 1983 (power to make hospital order without convicting the accused).

(3)At a pre-trial hearing, a magistrates' court may make a ruling as to any matter mentioned in subsection (4) if—

(a)the condition in subsection (5) is met,

(b)the court has given the parties an opportunity to be heard, and

(c)it appears to the court that it is in the interests of justice to make the ruling.

(4)The matters are—

(a)any question as to the admissibility of evidence;

(b)any other question of law relating to the case.

(5)The condition is that, if the accused is not legally represented, the court must—

(a)ask whether he wishes to be granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service, and

(b)if he does, decide whether or not to grant him that right.

(6)A ruling may be made under this section—

(a)on an application by a party to the case, or

(b)of the court’s own motion.

(7)For the purposes of this section and section 8B, references to the prosecutor are to any person acting as prosecutor, whether an individual or body.

8BEffect of rulings at pre-trial hearing

(1)Subject to subsections (3) and (6), a ruling under section 8A has binding effect from the time it is made until the case against the accused or, if there is more than one, against each of them, is disposed of.

(2)The case against an accused is disposed of if—

(a)he is acquitted or convicted,

(b)the prosecutor decides not to proceed with the case against him, or

(c)the information is dismissed.

(3)A magistrates' court may discharge or vary (or further vary) a ruling under section 8A if—

(a)the condition in section 8A(5) is met,

(b)the court has given the parties an opportunity to be heard, and

(c)it appears to the court that it is in the interests of justice to do so.

(4)The court may act under subsection (3)—

(a)on an application by a party to the case, or

(b)of its own motion.

(5)No application may be made under subsection (4)(a) unless there has been a material change of circumstances since the ruling was made or, if a previous application has been made, since the application (or last application) was made.

(6)A ruling under section 8A is discharged in relation to an accused if—

(a)the magistrates' court commits or sends him to the Crown Court for trial for the offence charged in the information, or

(b)a count charging him with the offence is included in an indictment by virtue of section 40 of the Criminal Justice Act 1988.

8CRestrictions on reporting

(1)Except as provided by this section no report of matters falling within subsection (2) may be published in England and Wales.

(2)The following matters fall within this subsection—

(a)a ruling under section 8A;

(b)proceedings on an application for a ruling under section 8A;

(c)an order under section 8B that a ruling under section 8A be discharged, varied or further varied;

(d)proceedings on an application under section 8B for a ruling under section 8A to be discharged, varied or further varied.

(3)A magistrates' court dealing with any matter falling within subsection (2) may order that subsection (1) does not apply, or does not apply to a specified extent, to a report of the matter.

(4)Where there is only one accused and he objects to the making of an order under subsection (3)—

(a)the court may make the order if (and only if) satisfied after hearing the representations of the accused that it is in the interests of justice to do so, and

(b)if the order is made, it shall not apply to the extent that a report deals with any such objection or representations.

(5)Where there are two or more accused and one or more of them objects to the making of an order under subsection (3)—

(a)the court may make the order if (and only if) satisfied after hearing the representations of each of the accused that it is in the interests of justice to do so, and

(b)if the order is made, it shall not apply to the extent that a report deals with any such objection or representations.

(6)Subsection (1) does not apply to the publication of a report of matters after the case against the accused or, if more than one, against each of them, is disposed of.

(7)Subsection (1) does not apply to a report which contains only one or more of the following matters—

(a)the identity of the court and the names of the justices;

(b)the names, ages, home addresses and occupations of the accused and witnesses;

(c)the offence or offences, or a summary of them, with which the accused or any of the accused are charged;

(d)the names of counsel and solicitors in the proceedings;

(e)where the proceedings are adjourned, the date and place to which they are adjourned;

(f)any arrangements as to bail;

(g)whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.

(8)The addresses that may be included in a report by virtue of subsection (7) are addresses—

(a)at any relevant time, and

(b)at the time of their inclusion in the publication.

(9)In subsection (8), “relevant time” means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred.

(10)Nothing in this section affects any prohibition or restriction imposed by virtue of any other enactment on the publication of a report of any matter.

(11)In this section and in section 8D—

(a)references to publication of a report of matters falling within subsection (2)—

(i)include references to inclusion of those matters in any speech, writing, relevant programme or other communication in whatever form which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but

(ii)do not include references to inclusion of those matters in a document prepared for use in particular legal proceedings;

(b)relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990.

8DOffences in connection with reporting

(1)If a report is published in contravention of section 8C each of the following persons is guilty of an offence—

(a)in the case of a publication of a report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

(b)in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper;

(c)in the case of any other publication, any person publishing it.

(2)If an offence under this section committed by a body corporate is proved—

(a)to have been committed with the consent or connivance of, or

(b)to be attributable to any neglect on the part of,

an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(3)In subsection (2), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(4)If the affairs of a body corporate are managed by its members, “director”in subsection (3) means a member of that body.

(5)A person guilty of an offence under this section is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

(6)Proceedings for an offence under this section may not be instituted otherwise than by or with the consent of the Attorney General.

Section 61A

F2 SCHEDULE 3AE+WFurther provision about the inspectors of court administration

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Section 65

SCHEDULE 4E+WFurther functions conferred on District Judges (Magistrates' Courts)

Criminal Justice Act 1967 (c. 80)E+W

1In section 9(5) (requirement for author of written statement to give evidence in person), for “by a puisne judge of the High Court, a Circuit judge or Recorder sitting alone” substitute by any of the following sitting alone—E+W

(a)a puisne judge of the High Court;

(b)a Circuit judge;

(c)a District Judge (Magistrates' Courts);

(d)a Recorder.

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Commencement Information

I1Sch. 4 in force at 1.4.2005 by virtue of ss. 65(2), 110(1) and S.I. 2005/910, art. 3(u)

Taxes Management Act 1970 (c. 9)E+W

2In—E+W

(a)section 20D(1)(a) (meaning of “the appropriate judicial authority” in relation to England and Wales), and

(b)paragraph 9(2)(a) of Schedule 1AA (sanction for failure to comply with order under section 20BA),

after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.

Juries Act 1974 (c. 23)E+W

3In section 9B, for subsection (3) (meaning of “the judge” for purposes of discharge of person incapable of acting effectively as juror) substitute—E+W

(3)In this section and section 10 “the judge” means—

(a)a judge of the High Court,

(b)a Circuit judge,

(c)a District Judge (Magistrates' Courts), or

(d)a Recorder.

4In section 10 (discharge of summons in case of doubt as to capacity to act effectively as juror) omit “and for this purpose “the judge” means any judge of the High Court or any Circuit judge or Recorder”.E+W

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Commencement Information

I1Sch. 4 in force at 1.4.2005 by virtue of ss. 65(2), 110(1) and S.I. 2005/910, art. 3(u)

Police and Criminal Evidence Act 1984 (c. 60)E+W

5In section 9(2A) (application of enactments relating to execution of process in Scotland or Northern Ireland to processes issued by a Circuit judge under Schedule 1 to 1984 Act), for “circuit judge” substitute “ judge ”.E+W

6(1)In Schedule 1 (applications for access to excluded or special procedure material) for “circuit judge”, in each place, substitute “ judge ”.E+W

(2)After paragraph 16 insert—

InterpretationE+W

17In this Schedule “judge” means a Circuit judge or a District Judge (Magistrates' Courts).

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Commencement Information

I1Sch. 4 in force at 1.4.2005 by virtue of ss. 65(2), 110(1) and S.I. 2005/910, art. 3(u)

Computer Misuse Act 1990 (c. 18)E+W

7F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Data Protection Act 1998 (c. 29)E+W

8In Schedule 9 (powers of entry and inspection) in paragraph 1(1) after “circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.E+W

Terrorism Act 2000 (c. 11)E+W

9In Schedule 5 (terrorist investigations: information)—E+W

(a)in paragraphs 5(1) and (5), 6(1), 10(1), 11(1), 12(1) and (2) and 13(1), after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”, and

(b)in paragraphs 5(4)(a) and 7(1)(b), after “Circuit judge” insert “ or the District Judge (Magistrates' Courts) ”.

10In Schedule 6 (financial information), in paragraph 3(a), after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.E+W

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Commencement Information

I1Sch. 4 in force at 1.4.2005 by virtue of ss. 65(2), 110(1) and S.I. 2005/910, art. 3(u)

11In Schedule 6A (account monitoring orders), in paragraph 1(2)(a), for “a Circuit judge,” substitute “ a Circuit judge or a District Judge (Magistrates' Courts), ”.E+W

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Commencement Information

I1Sch. 4 in force at 1.4.2005 by virtue of ss. 65(2), 110(1) and S.I. 2005/910, art. 3(u)

Regulation of Investigatory Powers Act 2000 (c. 23)E+W

12In Schedule 2 (persons who have the appropriate permission), in paragraph 1(1)(a), after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.E+W

Freedom of Information Act 2000 (c. 36)E+W

13In Schedule 3 (powers of entry and inspection), in paragraph 1(1), after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.E+W

International Criminal Court Act 2001 (c. 17)E+W

14In Schedule 5 (investigation of proceeds of ICC crime) in paragraphs 1(1) and 8 for “a Circuit judge or, in Northern Ireland, a county court judge” substituteE+W

(a)a Circuit judge or a District Judge (Magistrates' Courts), or

(b)in Northern Ireland, a county court judge,.

Armed Forces Act 2001 (c. 19)E+W

15In section 6(2)(a) (applications for access to excluded or special procedure material), for “circuit judges” substitute “ judges ”.E+W

Section 97(1)

SCHEDULE 5E+WCollection of fines [F4AND OTHER SUMS IMPOSED ON CONVICTION]

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Amendments (Textual)

F4Sch. 5: words in heading inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 5 (with transitional provision in art. 3)

Modifications etc. (not altering text)

C1Sch. 5 applied (with modifications) (temp. from 23.3.2004 for certain purposes, 29.3.2004 for certain further purposes, 5.4.2004 for all purposes to 31.3.2006) by S.I. 2004/175, arts. 1-3, Sch. (as amended by S.I. 2004/1406, arts. 3, 4; S.I. 2005/487, arts. 4-6; S.I. 2005/642, art. 2; S.I. 2005/2410, art. 2; S.I. 2005/3166, art. 2)

C2Sch. 5 modified (temp. from 27.3.2006 to 2.7.2006) by The Collection of Fines (Pilot Scheme) and Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2006 (S.I. 2006/502), arts. 1(1)(b)(2), 5 (with transitional provision in art. 4)

C3Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)

Part 1E+WIntroductory

[F5Application of Schedule]E+W

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Amendments (Textual)

F5Sch. 5 para. 1 and heading substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 6 (with transitional provision in art. 3)

[F61[F7(1)]This Schedule[F8, apart from Part 3B,] 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 a conviction of a magistrates' court.]E+W

[F9(2)Part 3B applies in a case where Chapter 1 of Part 1 of the Justice Act (Northern Ireland) 2016 (collection of fines etc.) applies.]

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Amendments (Textual)

F6Sch. 5 para. 1 and heading substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 6 (with transitional provision in art. 3)

F7Sch. 5 para. 1(1): Sch. 5 para. 1 renumbered as Sch. 5 para. 1(1) (N.I.) (12.4.2017 coming into force in accordance with art. 1(2)) by The Collection of Fines etc. (Northern Ireland Consequential Amendments) Order 2017 (S.I. 2017/570), arts. 1(2), 2(1)

F8Words in Sch. 5 para. 1(1) inserted (N.I.) (12.4.2017 coming into force in accordance with art. 1(2)) by The Collection of Fines etc. (Northern Ireland Consequential Amendments) Order 2017 (S.I. 2017/570), arts. 1(2), 2(1)(a)

F9Sch. 5 para. 1(2) inserted (N.I.) (12.4.2017 coming into force in accordance with art. 1(2)) by The Collection of Fines etc. (Northern Ireland Consequential Amendments) Order 2017 (S.I. 2017/570), arts. 1(2), 2(1)(b)

[F10Meaning of “the sum due” etc]E+W

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Amendments (Textual)

F10Sch. 5 para. 2 and heading substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 7

[F112(1) In this Schedule “the sum due” means the sum adjudged to be paid as mentioned in paragraph 1. E+W

(2)For the purposes of this Schedule—

  • a “fine” does not include any pecuniary forfeiture or pecuniary compensation payable on conviction; and

  • a sum required to be paid by a compensation order” means any sum required to be paid by an order made under section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000[F12; F13...

  • a sum required to be paid by an unlawful profit order” means any sum required to be paid by an order made under section 4 of the Prevention of Social Housing Fraud Act 2013]

  • [F14a sum required to be paid by a slavery and trafficking reparation order” means any sum required to be paid by an order made under section 8 of the Modern Slavery Act 2015].]

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Amendments (Textual)

F11 Sch. 5 para. 2 and heading substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737) , arts. 1 , 7

F12Words in Sch. 5 para. 2(2) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 25; S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

F13Words in Sch. 5 para. 2(2) omitted (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 23(2)(a); S.I. 2015/1476, reg. 2(j)

F14Words in Sch. 5 para. 2(2) inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 23(2)(b); S.I. 2015/1476, reg. 2(j)

Meaning of “existing defaulter” etc.E+W

3(1)For the purposes of this Schedule, P is an existing defaulter if it is shown that—E+W

(a)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the sum due or any other sum is registered for enforcement against him as a fine under—

(i)section 71 of the Road Traffic Offenders Act 1988,

(ii)section 9 of the Criminal Justice and Police Act 2001, or

(iii)any other enactment specified in fines collection regulations,

(c)he is in default on a collection order in respect of another sum falling within paragraph [F161] , or

(d)he is in default in payment of another sum falling within paragraph [F171] but in respect of which no collection order has been made.

(2)For the purposes of this Schedule, P’s existing default can be disregarded only if he shows that there was an adequate reason for it.

(3)Sub-paragraph (2) is subject to sub-paragraph (4).

(4)Where a sum is registered for enforcement against P as mentioned in sub-paragraph (1)(b), P’s existing default is not one which can be disregarded for the purposes of the following provisions of this Schedule.

(5)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Collection order” means an order made under Part 4 of this Schedule.

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Amendments (Textual)

F15Sch. 5 para. 3(1)(a) omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 8(a)(i)

F16Words in Sch. 5 para. 3(1)(c) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 8(a)(ii)

F17Words in Sch. 5 para. 3(1)(d) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 8(a)(ii)

F18Sch. 5 para. 3(5) omitted (3.7.2007) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {8(b)}

F19Sch. 5 para. 3(6) omitted (3.7.2007) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {8(c)}

Commencement Information

I2Sch. 5 para. 3 wholly in force at 5.4.2004; Sch. 5 para. 3 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 3 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 3 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 3 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

F20F20Part 2E+WImmediate payment of fines: discounts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F20Sch. 5 Pt. 2 omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {9}

Part 3E+WAttachment of earnings orders and applications for benefit deductions

Application of PartE+W

7[F21(1)This Part does not apply where the court is hearing P's case following an appeal under paragraph 23, 32 or [F22, 37(9) or 37A(4)].]E+W

(2)In the following provisions of this Part, “the relevant court” means—

(a)the court which is imposing the liability to pay the sum due, or

(b)F23. . . the magistrates' court responsible for enforcing payment of the sum due.

[F24(3)For the purposes of this Schedule—

(a)an attachment of earnings order, or

(b)an application for benefit deductions,

is an order or application to secure the payment of the whole of the sum due.]

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Amendments (Textual)

F21Sch. 5 para. 7(1) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {10(a)}

F23Words in Sch. 5 para. 7(2)(b) omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {10(b)}

F24Sch. 5 para. 7(3) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {10(c)}

Commencement Information

I6Sch. 5 para. 7 wholly in force at 5.4.2004; Sch. 5 para. 7 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 7 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 7 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 7 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

[F25Attachment of earnings order or application for benefit deductions where P is liable to pay compensationE+W

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Amendments (Textual)

F25Sch. 5 para. 7A inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {11}

7A(1)This paragraph applies if the sum due consists of or includes a sum required to be paid by a compensation order[F26, an unlawful profit order or a slavery and trafficking reparation order].E+W

(2)The relevant court must make an attachment of earnings order if it appears to the court—

(a)that P is in employment, and

(b)that it is not impracticable or inappropriate to make the order.

(3)The relevant court must make an application for benefit deductions if it appears to the court—

(a)that P is entitled to a relevant benefit, and

(b)that it is not impracticable or inappropriate to make the application.

(4)If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.]

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Amendments (Textual)

F26Words in Sch. 5 para. 7A(1) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 23(3); S.I. 2015/1476, reg. 2(j)

Attachment of earnings order or application for benefit deductions without P’s consentE+W

8[F27(1)This paragraph applies if—E+W

(a)paragraph 7A does not apply, and

(b)the relevant court concludes that P is an existing defaulter and that his existing default (or defaults) cannot be disregarded.]

(2)The court must make an attachment of earnings order if it appears to the court—

(a)that P is in employment, and

(b)that it is not impracticable or inappropriate to make the order.

(3)The court must make an application for benefit deductions if it appears to the court—

(a)that P is entitled to a relevant benefit, and

(b)that it is not impracticable or inappropriate to make the application.

(4)If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.

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Amendments (Textual)

F27Sch. 5 para. 8(1) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {12}

Commencement Information

I7Sch. 5 para. 8 wholly in force at 5.4.2004; Sch. 5 para. 8 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 8 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 8 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 8 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Attachment of earnings order or application for benefit deductions with P’s consentE+W

9[F28(1)This paragraph applies if—E+W

(a)paragraph 7A does not apply, and

(b)the relevant court concludes that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.]

(2)The court may make—

(a)an attachment of earnings order, or

(b)an application for benefit deductions,

if P consents.

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Amendments (Textual)

F28Sch. 5 para. 9(1) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {13}

Commencement Information

I8Sch. 5 para. 9 wholly in force at 5.4.2004; Sch. 5 para. 9 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 9 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 9 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 9 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

[F29Part 3AE+WDisclosure of information, and meaning of "relevant benefit" etc]

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Amendments (Textual)

F29Sch. 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)

[F30Disclosure of information in connection with [F31making of attachment of earnings order or] application for benefit deductionsE+W

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Amendments (Textual)

F30Sch. 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)

F31Words 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)

[F329A(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).]

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Amendments (Textual)

F32Sch. 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)

C5Sch. 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 [F339A], 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 [F34, 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 [F35, 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 [F36or of a tribunal established by or under an Act] or for the purposes of any proceedings before a court; or

(b)to disclose [F37or 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 [F38liable—

(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.]

[F39(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.]

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Amendments (Textual)

F33Word 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)

F34Words 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)

F35Words 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)

F36Words 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)

F37Words 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)

F38Words 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)

F39Sch. 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)[F40Sub-paragraphs (3) and (3A) apply] for the purposes of paragraphs 9A and 9B.E+W

F41(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F42(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.]

F43(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Nothing in paragraph 9A or 9B authorises the making of a disclosure which contravenes the Data Protection Act 1998.]

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Amendments (Textual)

F40Words 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)

F41Sch. 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)

F42Sch. 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)

F43Sch. 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)

Modifications etc. (not altering text)

C6Sch. 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—E+W

(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 [F44universal 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.

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Amendments (Textual)

Modifications etc. (not altering text)

C7Sch. 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

I9Sch. 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)

[F45PART 3BN.I.JUSTICE ACT (NORTHERN IRELAND) 2016: INFORMATION SHARING

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Amendments (Textual)

Attachment of earnings orders: disclosure of informationN.I.

10A.(1)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 court in Northern Ireland or a collection officer for the purpose of—N.I.

(a)facilitating a decision by the court or officer whether or not to make an attachment of earnings order, or

(b)facilitating the making of an attachment of earnings order by the court or officer.

(2)In sub-paragraph (1), “finances information” means information—

(a)which is about a person’s income, gains or capital and is held by—

(i)Her Majesty’s Revenue and Customs, or

(ii)a person providing services to the Commissioners for Her Majesty’s Revenue and Customs in connection with the provision of those services, or

(b)which is held with information of the description given in paragraph (a).

(3)A person to whom information is disclosed under this paragraph commits an offence if the person—

(a)discloses the information to another person, or

(b)uses the information for a purpose other than a purpose referred to in sub-paragraph (1).

(4)It is not an offence under sub-paragraph (3)—

(a)to disclose any information in accordance with a statutory provision or an order of a court or of a tribunal established by or under a statutory provision or for the purposes of any proceedings before a court,

(b)to disclose or use 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

(c)to disclose or use any information which has previously been lawfully disclosed to the public.

(5)It is a defence for a person charged with an offence under sub-paragraph (3) to prove that the person reasonably believed that the disclosure or use was lawful.

(6)A person guilty of an offence under sub-paragraph (3) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or both.

(7)Nothing in this paragraph authorises the making of a disclosure which contravenes the Data Protection Act 1998.

(8)In this paragraph—

  • “attachment of earnings order” and “collection officer” each have the same meaning as in Chapter 1 of Part 1 of the Justice Act (Northern Ireland) 2016 (see section 27(1) of that Act);

  • “information” means information held in any form;

  • “statutory provision” has the same meaning as in the Interpretation Act (Northern Ireland) 1954 (see section 1(f) of that Act).]

Part 4E+WMaking of collection orders

Application of PartE+W

11[F46(1)This Part applies whether or not the relevant court has made an attachment of earnings order or an application for benefit deductions under Part 3 of this Schedule.]E+W

(2)In this Part “the relevant court” has the same meaning as in Part 3 of this Schedule.

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Amendments (Textual)

F46Sch. 5 para. 11(1) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {14}

Commencement Information

I10Sch. 5 para. 11 wholly in force at 5.4.2004; Sch. 5 para. 11 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 11 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 11 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 11 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Court’s power to make a collection orderE+W

12(1)The relevant court must make an order (“a collection order”) relating to the payment of the sum due, unless it appears to the court that it is impracticable or inappropriate to make the order.E+W

(2)If P is subject to a collection order, the powers of any court to deal with P’s liability to pay the sum due are subject to the provisions of this Schedule and to fines collection regulations.

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Commencement Information

I11Sch. 5 para. 12 wholly in force at 5.4.2004; Sch. 5 para. 12 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 12 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 12 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 12 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Contents of collection orders: generalE+W

13(1)The collection order must—E+W

[F47(a)state the amount of the sum due,

(aa)where that sum consists of or includes a fine[F48, a sum required to be paid by a compensation order[F49, a sum] required to be paid by an unlawful profit order] [F50 or a sum required to be paid by a slavery and trafficking reparation order], state—

[F51(i)the amount of the fine, the amount required to be paid by the compensation order [F52, the] amount required to be paid by the unlawful profit order [F53or the amount required to be paid by the slavery and trafficking reparation order] (or, where that sum consists of or includes two or more of those amounts, each of those amounts),]

(ii)the amount of any other part of the sum due,]

(b)state the court’s conclusions as to whether P is an existing defaulter and if so whether the existing default (or defaults) can be disregarded,

(c)if the court has made an attachment of earnings order or an application for benefit deductions, state that fact,

(d)specify the fines office to which the order is allocated, and

(e)contain information about the effect of the order.

(2)In this Schedule “the fines officer”, in relation to P, means any fines officer working at the fines office specified in the collection order.

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Amendments (Textual)

F47Sch. 5 para. 13(1)(a)(aa) substituted (3.7.2006) for Sch. 5 para. 13(1)(a) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {15}

F48Words in Sch. 5 para. 13(1)(aa) substituted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 27(a); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

F49Words in Sch. 5 para. 13(1)(aa) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 23(4)(a); S.I. 2015/1476, reg. 2(j)

F50Words in Sch. 5 para. 13(1)(aa) inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 23(4)(b); S.I. 2015/1476, reg. 2(j)

F51Sch. 5 para. 13(1)(aa)(i) substituted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 27(b); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

F52Word in Sch. 5 para. 13(1)(aa)(i) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 23(4)(c); S.I. 2015/1476, reg. 2(j)

F53Words in Sch. 5 para. 13(1)(aa)(i) inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 23(4)(d); S.I. 2015/1476, reg. 2(j)

Commencement Information

I12Sch. 5 para. 13 wholly in force at 5.4.2004; Sch. 5 para. 13 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 13 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 13 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 13 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Contents of collection orders: no attachment of earnings order etc. madeE+W

14(1)If the relevant court has not under Part 3 made an attachment of earnings order or an application for benefit deductions, the collection order must state the payment terms.E+W

(2)The payment terms” means—

(a)a term requiring P to pay the sum due within a specified period, or

(b)terms requiring P to pay the sum due by instalments of specified amounts on or before specified dates.

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Commencement Information

I13Sch. 5 para. 14 wholly in force at 5.4.2004; Sch. 5 para. 14 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 14 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 14 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 14 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Contents of collection orders: attachment of earnings order etc. madeE+W

15(1)If the court has under Part 3 of this Schedule made an attachment of earnings order or an application for benefit deductions, the collection order must state the reserve terms.E+W

(2)The reserve terms” means terms of a description mentioned in paragraph 14(2) but which (subject to paragraphs 31, 32 F54. . . and 39) are to have effect if the attachment of earnings order or application for benefit deductions fails.

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Amendments (Textual)

F54Words in Sch. 5 para. 15(2) omitted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {16}

Commencement Information

I14Sch. 5 para. 15 wholly in force at 5.4.2004; Sch. 5 para. 15 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 15 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 15 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 15 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

When an attachment of earnings order failsE+W

16For the purposes of this Schedule, an attachment of earnings order fails if—E+W

(a)P’s employer fails to comply with the order, or

(b)the order is discharged at a time when P remains liable to pay any part of the sum due.

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Commencement Information

I15Sch. 5 para. 16 wholly in force at 5.4.2004; Sch. 5 para. 16 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 16 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 16 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 16 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

When an application for benefit deductions failsE+W

17For the purposes of this Schedule, an application for benefit deductions fails if—E+W

(a)the application is withdrawn,

(b)the Secretary of State decides not to make deductions,

(c)an appeal against a decision of the Secretary of State to make deductions succeeds, or

(d)the Secretary of State ceases to make deductions at a time when P remains liable to pay any part of the sum due.

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Commencement Information

I16Sch. 5 para. 17 wholly in force at 5.4.2004; Sch. 5 para. 17 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 17 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 17 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 17 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

F55F55Part 5E+WDiscount where collection order made

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F55Sch. 5 Pt. 5 omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {17}

Part 6E+WVariation of collection orders containing payment terms

Application of PartE+W

[F5621This Part applies if—E+W

(a)the court has made a collection order, and

(b)the order contains payment terms but does not contain reserve terms.]

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Amendments (Textual)

Application to fines officer for variation of order or attachment of earnings order etc.E+W

22F57(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(2)[F58P may at any time apply to the fines officer under this paragraph for]

(a)the payment terms to be varied, or

(b)an attachment of earnings order or application for benefit deductions to be made.

(3)No application may be made under sub-paragraph (2)(a) unless—

(a)there has been a material change in P’s circumstances since the collection order was made (or the payment terms were last varied under this paragraph), or

(b)P is making further information about his circumstances available.

(4)On an application under sub-paragraph (2)(a), the fines officer may decide—

(a)to vary the payment terms F59..., or

(b)not to vary them.

[F60(4A)The fines officer may not vary the payment terms under sub-paragraph (4)(a) so that they are less favourable to P without P's consent.]

(5)On an application under sub-paragraph (2)(b), the fines officer may decide—

(a)to make an attachment of earnings order or application for benefit deductions, or

(b)not to do so.

(6)If he decides to make an order or application he must vary the collection order so that it states reserve terms.

[F61(7)The fines officer may not vary the order so that it states reserve terms which are less favourable to P than the payment terms without P's consent.]

(8)A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.

(9)Subject to paragraph 23, the effect of—

(a)a decision under sub-paragraph (4)(a), and

(b)a variation under sub-paragraph (6),

is that the collection order has effect as varied by the fines officer.

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Amendments (Textual)

F58Words in Sch. 5 para. 22(2) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 56(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 46

F59Words in Sch. 5 para. 22(4)(a) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 56(3)(c), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 46

Commencement Information

I20Sch. 5 para. 22 wholly in force at 5.4.2004; Sch. 5 para. 22 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 22 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 22 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 22 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Appeal against decision of fines officerE+W

23(1)P may, within 10 working days from the date of a decision under paragraph 22, appeal to the magistrates' court against the decision.E+W

(2)On an appeal under this paragraph the magistrates' court may—

(a)confirm or vary the payment terms (or the reserve terms),

(b)if the appeal is against a decision on an application under paragraph 22(2)(b) or if P consents, make an attachment of earnings order or an application for benefit deductions, or

(c)discharge the collection order and exercise any of its standard powers in respect of persons liable to pay fines.

(3)If the court makes an attachment of earnings order or an application for benefit deductions, it must vary the collection order so that it states reserve terms.

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Commencement Information

I21Sch. 5 para. 23 wholly in force at 5.4.2004; Sch. 5 para. 23 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 23 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 23 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 23 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Nature of power to vary terms of collection orderE+W

24(1)A power to vary the payment terms of a collection order includes power to—E+W

(a)substitute terms requiring P to pay by specified instalments on or before specified dates for a term requiring P to pay within a specified period, or

(b)substitute a term requiring P to pay within a specified period for terms requiring P to pay the sum due by specified instalments on or before specified dates.

(2)Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid within a specified period is a power to vary the date on or before which the sum due is to be paid.

(3)Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid by specified instalments on or before specified dates is a power to vary—

(a)the number of instalments payable;

(b)the amount of any instalment;

(c)the date on or before which any instalment is required to be paid.

(4)This paragraph applies in relation to the variation of the reserve terms as it applies in relation to the payment terms.

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Commencement Information

I22Sch. 5 para. 24 wholly in force at 5.4.2004; Sch. 5 para. 24 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 24 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 24 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 24 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

[F62Meaning of “in default on a collection order”E+W

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Amendments (Textual)

F62Sch. 5 para. 24A inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {18}

24AFor the purposes of this Schedule, P is in default on a collection order if he fails to pay any amount due under the payment terms (or, if they have effect, the reserve terms) on or before the date on which it is required to be paid.]E+W

Part 7E+WEffect of first default on collection order containing payment terms

Application of PartE+W

25This Part applies on the first occasion on which P is in default on a collection order containing payment terms and none of the following is pending—E+W

[F63(a)an application to a fines officer under paragraph 22 (application for variation of order or for attachment of earnings order etc) that was made at a time when P was not in default on the collection order;

(b)an appeal under paragraph 23 against a decision of a fines officer on an application described in paragraph (a);]

(c)a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).

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Amendments (Textual)

Commencement Information

I23Sch. 5 para. 25 wholly in force at 5.4.2004; Sch. 5 para. 25 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 25 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 25 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 25 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Attachment of earnings order or application for benefit deductions to be madeE+W

26(1)The fines officer must make an attachment of earnings order if it appears to him—E+W

(a)that P is in employment, and

(b)that it is not impracticable or inappropriate to make the order.

(2)The fines officer must make an application for benefit deductions if it appears to him—

(a)that P is entitled to a relevant benefit, and

(b)that it is not impracticable or inappropriate to make the application.

(3)If it appears to the fines officer that (apart from this sub-paragraph) both sub-paragraph (1) and sub-paragraph (2) would apply, he must make either an attachment of earnings order or an application for benefit deductions.

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Commencement Information

I24Sch. 5 para. 26 wholly in force at 5.4.2004; Sch. 5 para. 26 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 26 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 26 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 26 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Increase in fineE+W

27F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F64Sch. 5 para. 27 omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {19(a)}

Notice of increase etc.E+W

28F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F65Sch. 5 para. 28 omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {19(a)}

Part 8E+WOperation of collection orders containing reserve terms

Application of PartE+W

29This Part applies if—E+W

(a)a collection order contains reserve terms, and

(b)the attachment of earnings order or application for benefit deductions made under Part 3 or 6 fails.

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Commencement Information

I25Sch. 5 para. 29 wholly in force at 5.4.2004; Sch. 5 para. 29 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 29 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 29 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 29 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Requirement to notify P on failure of an attachment of earnings order etc.E+W

30The fines officer must deliver to P a notice (“a payment notice”) informing P—E+W

(a)that the order or application has failed and the reserve terms have effect,

(b)what P has to do to comply with the reserve terms, and

(c)of his right to make applications under paragraph 31.

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Commencement Information

I26Sch. 5 para. 30 wholly in force at 5.4.2004; Sch. 5 para. 30 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 30 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 30 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 30 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Application to fines officer for variation of reserve termsE+W

31[F66(1)P may, at any time after the date of a payment notice under paragraph 30, apply to the fines officer for the reserve terms to be varied.]E+W

(2)No application may be made under sub-paragraph (1) unless—

(a)there has been a material change in P’s circumstances since the reserve terms were set (or last varied under this paragraph), or

(b)P is making further information about his circumstances available.

(3)On such an application being made, the fines officer may decide—

(a)to vary the reserve terms F67..., or

(b)not to vary them.

[F68(3A)The fines officer may not vary the reserve terms under sub-paragraph (3)(a) so that they are less favourable to P without P's consent.]

(4)A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.

(5)Subject to paragraph 32, the effect of a decision under sub-paragraph (3)(a) is that the collection order has effect with the reserve terms varied in the way decided by the fines officer.

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Amendments (Textual)

F67Words in Sch. 5 para. 31(3)(a) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 56(5)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 46

Commencement Information

I27Sch. 5 para. 31 wholly in force at 5.4.2004; Sch. 5 para. 31 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 31 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 31 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 31 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Appeal against decision of fines officerE+W

32(1)P may, within 10 working days from the date of a decision under paragraph 31(3), appeal to the magistrates' court against the decision.E+W

(2)On an appeal under this paragraph the magistrates' court may—

(a)confirm or vary the reserve terms, or

(b)discharge the order and exercise any of its standard powers in respect of persons liable to pay fines [F69or other sums] .

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Amendments (Textual)

F69Words in Sch. 5 para. 32(2)(b) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {21}

Commencement Information

I28Sch. 5 para. 32 wholly in force at 5.4.2004; Sch. 5 para. 32 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 32 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 32 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 32 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Increase in fine on first defaultE+W

33F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F70Sch. 5 para. 33 omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {22(a)}

Notice of increase etc.E+W

34F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F71Sch. 5 para. 34 omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {22(b)}

Part 9E+W[F72FURTHER STEPS]

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Amendments (Textual)

F72Sch. 5 Pt. 9: heading substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {23}

Effect of compliance with requirement to contact fines officerE+W

35F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F73Sch. 5 para. 35 omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {24(a)}

Application to fines officer after increase for variation of payment termsE+W

36F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F74Sch. 5 para. 36 omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {24(b)}

Functions of fines officer in relation to defaulters: referral or further steps noticeE+W

37[F75(1)This paragraph applies if—E+W

(a)P is in default on a collection order,

(b)paragraph 26 does not apply, and

(c)none of the following is pending—

[F76(i)an application to a fines officer under paragraph 31 (application for variation of reserve terms) that was made at a time when P was not in default on the collection order;

(ii)an appeal under paragraph 32 against a decision of a fines officer on an application described in sub-paragraph (i);]

(iii)a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).]

F77(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The fines officer must—

(a)refer P’s case to the magistrates' court, or

(b)deliver to P a notice (a “further steps notice”) that he intends to take one or more of the steps listed in paragraph 38.

(7)Any steps that the fines officer [F78wishes to be able] to take must be specified in the notice.

(8)A further steps notice must be in writing and dated.

(9)P may, within 10 working days from the date of the further steps notice, appeal to the magistrates' court against it.

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Amendments (Textual)

F75Sch. 5 para. 37(1) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {25(a)}

F76Sch. 5 para. 37(1)(c)(i)(ii) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 56(6), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 46

F77Sch. 5 para. 37(2)-(5) omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {25(b)}

Commencement Information

I29Sch. 5 para. 37 wholly in force at 5.4.2004; Sch. 5 para. 37 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 37 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 37 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 37 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

[F79Issue by fines officer of replacement noticeE+W

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Amendments (Textual)

37A(1)This paragraph applies if—E+W

(a)the fines officer has delivered to P a notice (“the current notice”) that is—

(i)a further steps notice that has not been replaced by a notice under this paragraph, or

(ii)a notice under this paragraph that has not been replaced by a further notice under this paragraph,

(b)P remains liable to pay any part of the sum due, and

(c)the fines officer wishes to be able to take one or more steps listed in paragraph 38 but not specified in the current notice.

(2)The fines officer may deliver to P a notice replacing the current notice.

(3)A notice under this paragraph (a “replacement notice”) must—

(a)state that the fines officer intends to take one or more of the steps listed in paragraph 38,

(b)specify the steps that the fines officer wishes to be able to take, and

(c)be in writing and dated.

(4)P may, within 10 working days from the date of a replacement notice, appeal to the magistrates' court against it.

(5)If a step is being taken in reliance on a notice at the time when the notice is replaced by a replacement notice, the taking of the step may continue despite the replacement.]

The range of further steps available against defaultersE+W

38(1)The steps referred to in paragraphs 37(6)(b)[F80, 37A(3)(a)] and 39(3) and (4) (powers to take further steps) are—E+W

(a)issuing a [F81warrant of control] for the purpose of [F82recovering] the sum due;

(b)registering the sum in the register of judgments and orders required to be kept by section 98;

(c)making an attachment of earnings order or an application for benefit deductions;

(d)subject to sub-paragraph (3), making a clamping order;

[F83(e)taking proceedings by virtue of section 87(1) of the 1980 Act (enforcement of payment of fines by High Court and county court).]

[F84(f)subject to sub-paragraph (4), issuing a certificate requesting enforcement under the Framework Decision on financial penalties;]

(2)A clamping order is an order—

(a)that a motor vehicle be fitted with an immobilisation device (“clamped”), and

(b)which complies with any requirements that are imposed by fines collection regulations under paragraph 46 with respect to the making of clamping orders.

(3)A clamping order must not be made except in relation to a vehicle which is registered under the Vehicle Excise and Registration Act 1994 in P’s name.

[F85(4)A certificate requesting enforcement under the Framework Decision on financial penalties may only be issued where—

(a)the sum due is a financial penalty within the meaning of section 80 of the Criminal Justice and Immigration Act 2008, and

(b)it appears to the fines officer or the court that P is normally resident, or has property or income, in a member State other than the United Kingdom.

(5)In this paragraph, references to a certificate requesting enforcement under the Framework Decision on financial penalties are to be construed in accordance with section 92(3) of the Criminal Justice and Immigration Act 2008.]

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Amendments (Textual)

F81Words in Sch. 5 para. 38(1)(a) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 149 (with s. 89); S.I. 2014/768, art. 2(1)(b)

F83Sch. 5 para. 38(1)(e) substituted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {26}

Commencement Information

I30Sch. 5 para. 38 wholly in force at 5.4.2004; Sch. 5 para. 38 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 38 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 38 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 38 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Powers of court F86. . . E+W

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Amendments (Textual)

F86Sch. 5 para. 39: words in heading omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {27(d)}

39(1)This paragraph applies if the magistrates' court is hearing P’s case following—E+W

(a)F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a referral under paragraph 37(6)(a) (functions of fines officer in relation to defaulters), or

(c)an appeal under paragraph 37(9) [F88or 37A(4)] (appeal against a further steps notice [F89or replacement notice ]).

(2)F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)On [F90a] referral falling within sub-paragraph [F91(1)(b)] , the court may—

(a)vary the payment terms (or the reserve terms);

(b)take any of the steps listed in paragraph 38;

(c)discharge the order and exercise any of its standard powers in respect of persons liable to pay fines [F92or other sums] .

(4)On an appeal against a further steps notice [F93or replacement notice ], the court may—

(a)confirm or quash the notice;

(b)vary the notice so as to specify any step listed in paragraph 38;

(c)vary the payment terms (or the reserve terms);

(d)discharge the order and exercise any of its standard powers in respect of persons liable to pay fines [F94or other sums] .

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Amendments (Textual)

F87Sch. 5 para. 39(1)(a)(2) omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {27(a)}

F90Words in Sch. 5 para. 39(3) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {27(b)(i)}

F91Words in Sch. 5 para. 39(3) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {27(b)(ii)}

F92Words in Sch. 5 para. 39(3)(c) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {27(c)(i)}

F94Words in Sch. 5 para. 39(4)(d) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {27(c)(ii)}

Commencement Information

I31Sch. 5 para. 39 wholly in force at 5.4.2004; Sch. 5 para. 39 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 39 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 39 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 39 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Implementation of further steps noticeE+W

40If—E+W

(a)P does not appeal within 10 working days against a further steps notice [F95or replacement notice], or

(b)he does so but the further steps notice [F95or replacement notice ] is confirmed or varied,

any step specified in the notice (or the notice as varied) may be taken [F96and retaken].

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Amendments (Textual)

Commencement Information

I32Sch. 5 para. 40 wholly in force at 5.4.2004; Sch. 5 para. 40 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 40 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 40 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 40 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

[F97Withdrawal of warrant of control by fines officerE+W

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Amendments (Textual)

F97Sch. 5 paras. 40A-40C and cross-headings inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 88(8), 151(1); S.I. 2013/453, art. 4(a)

40A(1)This paragraph applies if, in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due.E+W

(2)The fines officer may withdraw the warrant if—

(a)P remains liable to pay any part of the sum due, and

(b)the fines officer is satisfied that the warrant was issued by mistake, including in particular a mistake made in consequence of the non-disclosure or misrepresentation of a material fact.

Discharge of warrant of control by magistrates' courtE+W

40B(1)This paragraph applies if—E+W

(a)in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due, and

(b)the fines officer subsequently refers P's case to the magistrates' court under paragraph 42.

(2)The magistrates' court may discharge the warrant if—

(a)P remains liable to pay any part of the sum due, and

(b) the power conferred by section 142(1) of the Magistrates' Courts Act 1980 (power of magistrates' court to re-open cases to rectify mistakes etc ) would have been exercisable by the court if the court had issued the warrant.

Duty of fines officer if warrant of control withdrawn or dischargedE+W

40C(1)This paragraph applies if condition A or B is met.E+W

(2)Condition A is that the fines officer has withdrawn a warrant of control under paragraph 40A.

(3)Condition B is that—

(a)in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due,

(b)the fines officer has referred P's case to the magistrates' court under paragraph 42,

(c)the magistrates' court has discharged the warrant of control under paragraph 40B(2), and

(d)the magistrates' court has not discharged the collection order or exercised any of its powers under paragraph 42(2).

(4)If P remains liable to pay any part of the sum due, the fines officer must—

(a)take (or retake) one or more of the steps specified in the further steps notice or replacement notice that was the last notice to be delivered to P under paragraph 37 or 37A before the warrant of control was issued, or

(b)deliver to P a replacement notice and take one or more of the steps specified in that notice, or

(c)refer P's case to, or back to, the magistrates' court under paragraph 42.]

Power to order sale of clamped vehicleE+W

41(1)This paragraph applies if—E+W

(a)a motor vehicle has been clamped under a clamping order, and

(b)at the end of the period specified in fines collection regulations under paragraph 46 any part of the sum due is unpaid.

(2)The magistrates' court may order that—

(a)the vehicle is to be sold or otherwise disposed of in accordance with those regulations, and

(b)any proceeds are to be applied in accordance with those regulations in discharging P’s liability in respect of the sum due.

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Commencement Information

I33Sch. 5 para. 41 wholly in force at 5.4.2004; Sch. 5 para. 41 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 41 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 41 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 41 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Power of fines officer to refer case to magistrates' courtE+W

42(1)The fines officer may refer a case to the magistrates' court at any time during the period which—E+W

(a)begins the day after the collection order is made, and

(b)ends with the date on which—

(i)the sum due (including any increase to which he remains liable) is paid, or

(ii)the order is discharged.

(2)On a referral under this paragraph, the court may—

(a)confirm or vary the payment terms (or the reserve terms),

[F98(b)exercise any of its standard powers in respect of persons liable to pay fines or other sums, or]

(c)F99. . . exercise a power it could exercise under any other paragraph.

[F100(2A)Where the court exercises any of its standard powers under sub-paragraph (2)(b) it may also discharge the order.]

(3)Fines collection regulations may provide for the fines officer to have the power to issue a summons for the purpose of ensuring that P attends a magistrates' court to whom P’s case has been referred under this paragraph or paragraph 37.

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Amendments (Textual)

F98Sch. 5 para. 42(2)(b) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {28(a)(i)}

F99Words in Sch. 5 para. 42(2)(c) omitted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {28(a)(ii)}

F100Sch. 5 para. 42A(2A) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {28(b)}

Commencement Information

I34Sch. 5 para. 42 wholly in force at 5.4.2004; Sch. 5 para. 42 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 42 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 42 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 42 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Increase in fine by courtE+W

[F10142A(1)This paragraph applies where—

(a)P is in default on a collection order,

(b)the sum due consists of or includes a fine, and

(c)the fines officer has referred P's case to the court—

(i)under paragraph 37(6)(a), or

(ii)after taking any of the steps listed in paragraph 38.

(2)Where the court is satisfied that the default is due to P's wilful refusal or culpable neglect, the court may increase the fine which is the subject of the order.

(3)But the court may not increase any other sum which is the subject of the order.

(4)The amount of the increase is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.

(5)The increase is given effect by treating it as part of the fine imposed on P by his conviction.]

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Amendments (Textual)

F101Sch. 5 para. 42A inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {29}

Part 10E+WSupplementary provisions

Fines collection regulationsE+W

43In this Schedule “fines collection regulations” means regulations made by the Lord Chancellor for the purpose of giving effect to this Schedule.E+W

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Commencement Information

I35Sch. 5 para. 43 wholly in force at 5.4.2004; Sch. 5 para. 43 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 43 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 43 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 43 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

44(1)Fines collection regulations may, for the purpose of giving effect to this Schedule and section 97 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 [F1021] .E+W

(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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Amendments (Textual)

F102Words in Sch. 5 para. 44(1) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {30}

Commencement Information

I36Sch. 5 para. 44 wholly in force at 5.4.2004; Sch. 5 para. 44 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 44 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 44 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 44 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

45Fines 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.E+W

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Commencement Information

I37Sch. 5 para. 45 wholly in force at 5.4.2004; Sch. 5 para. 45 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 45 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 45 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 45 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

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—E+W

(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 [F103;or a current recognised 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 (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 (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 (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts.

    [F104“recognised badge” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970 (recognition of badges issued outside Great Britain).]

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Amendments (Textual)

F103Words in Sch. 5 para. 46(2)(a) inserted (30.6.2005 for E. and 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)(6) {Sch 1 para. 47(1)(2)}; S.I. 2005/1676, art. 3(c); S.I. 2007/3285, art. 2(b)

F104Words in Sch. 5 para. 46(3) inserted (30.6.2005 for E. and 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)(6), Sch. 1 para. 47(1)(3); S.I. 2005/1676, art. 3(c); S.I. 2007/3285, art. 2(b)

Commencement Information

I38Sch. 5 para. 46 wholly in force at 5.4.2004; Sch. 5 para. 46 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 46 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 46 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 46 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

47F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F105Words in Sch. 5 para. 47 omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {31}

Commencement Information

I39Sch. 5 para. 47 wholly in force at 5.4.2004; Sch. 5 para. 47 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 47 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 47 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 47 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Offences of providing false information, failing to disclose information etc.E+W

48(1)P commits an offence if, in providing a statement of [F106financial circumstances (whether a statement of assets, of other financial circumstances or of both)] to a fines officer in response to a relevant request, he—E+W

(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 [F107fines officer with a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) requested by] 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 [F108(whether about P's assets, P's other financial circumstances or both)] 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—

(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.

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Amendments (Textual)

F106Words in Sch. 5 para. 48(1) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 28(2)(a); S.I. 2013/2981, art. 2(d)

F107Words in Sch. 5 para. 48(3) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 28(2)(b); S.I. 2013/2981, art. 2(d)

F108Words in Sch. 5 para. 48(5) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 28(2)(c); S.I. 2013/2981, art. 2(d)

Commencement Information

I40Sch. 5 para. 48 wholly in force at 5.4.2004; Sch. 5 para. 48 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 48 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 48 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 48 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Offence of meddling with vehicle clampE+W

49(1)A person commits an offence if he removes or attempts to remove—E+W

(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 F109. . . ).

(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.

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Amendments (Textual)

F109Words in Sch. 5 para. 49(1) omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {32}

Commencement Information

I41Sch. 5 para. 49 wholly in force at 5.4.2004; Sch. 5 para. 49 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 49 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 49 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 49 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

[F110Meaning of “standard powers in respect of persons liable to pay fines or other sums”]E+W

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Amendments (Textual)

F110Sch. 5 para. 50 and heading substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {33}

[F11150In this Schedule “standard powers in respect of persons liable to pay fines or other sums” means any power 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.]E+W

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Amendments (Textual)

F111Sch. 5 para. 50 and heading substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {33}

Commencement Information

I42Sch. 5 para. 50 wholly in force at 5.4.2004; Sch. 5 para. 50 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 50 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 50 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 50 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Meaning of references to pending appealsE+W

51For 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).E+W

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Commencement Information

I43Sch. 5 para. 51 wholly in force at 5.4.2004; Sch. 5 para. 51 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 51 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 51 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 51 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Meaning of “10 working days”E+W

52In this Schedule “10 working days” means any period of 10 days not including—E+W

(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.

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Commencement Information

I44Sch. 5 para. 52 wholly in force at 5.4.2004; Sch. 5 para. 52 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 52 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 52 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 52 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Meaning of “the magistrates' court”E+W

53In 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.E+W

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Commencement Information

I45Sch. 5 para. 53 wholly in force at 5.4.2004; Sch. 5 para. 53 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 53 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 53 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 53 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Section 97(2)

SCHEDULE 6E+WDischarge of fines by unpaid work

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Modifications etc. (not altering text)

IntroductoryE+W

1(1)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.E+W

(2)In this Schedule—

  • the prescribed hourly sum” means such sum as may be prescribed by regulations;

  • 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.

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Commencement Information

I46Sch. 6 para. 1 wholly in force at 21.9.2004; Sch. 6 para. 1 not in force at Royal Assent see s. 110(1)(2); Sch. 6 para. 1(2) in force for certain purposes at 1.5.2004 by S.I. 2004/1104, art. 3(d); Sch. 6 para. 1 in force insofar as not already in force at 21.9.2004 by S.I. 2004/2195, art. 2

Cases where work order may be madeE+W

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—E+W

(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 [F112warrant of control] 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 [F113universal credit and] income support etc.), and

(vi)a collection order under Schedule 5,

(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 [F114assets and other financial circumstances] as the court may require.

(4)Subsections (2) to (4) of section 84 of the 1980 Act (offences in respect of statement of [F115assets and other financial circumstances]) apply to an order made under sub-paragraph (3) as they apply to an order made under subsection (1) of that section.

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Amendments (Textual)

F114Words in Sch. 6 para. 2(3) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 28(3)(a); S.I. 2013/2981, art. 2(d)

F115Words in Sch. 6 para. 2(4) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 28(3)(b); S.I. 2013/2981, art. 2(d)

Provisions of orderE+W

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.E+W

(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 Schedule “the fines officer”, in relation to P, means any fines officer working at the fines office specified in the work order.

Effect of order on enforcement of paymentE+W

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.E+W

(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, supervisorE+W

5(1)A person may not be appointed as the supervisor without his consent.E+W

(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 complianceE+W

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.E+W

(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 paymentE+W

7(1)Where a work order has been made in respect of any sum—E+W

(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 orderE+W

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.E+W

(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).

Allowing for work doneE+W

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.E+W

(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 revocationE+W

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.E+W

(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 enforceableE+W

11The obligations of P under a work order are not enforceable against him except by virtue of paragraph 10(1).E+W

Evidence of supervisorE+W

12(1)This paragraph applies where—E+W

(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 informationE+W

13Regulations may—E+W

(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.

Section 99

SCHEDULE 7E+W[F116Enforcement of Certain Writs and Warrants]

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Amendments (Textual)

Enforcement officers: generalE+W

Districts for writs [F117and warrants] enforced by enforcement officersE+W

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Amendments (Textual)

1(1)England and Wales is to be divided into districts for the purposes of this Schedule.E+W

(2)The districts are to be those specified in regulations made under paragraph 12.

Enforcement officers: authorisation and assignment to districtsE+W

2(1)An enforcement officer is an individual who is authorised to act as such by the Lord Chancellor or a person acting on his behalf.E+W

(2)The Lord Chancellor or a person acting on his behalf must assign at least one enforcement officer to each district.

(3)The Lord Chancellor or a person acting on his behalf may—

(a)assign an enforcement officer to more than one district, and

(b)change any assignment of an enforcement officer so that he is assigned to a different district or to different districts.

Direction of writs of execution to enforcement officersE+W

3(1)A writ of execution issued from the High Court may be directed—E+W

(a)if only one enforcement officer is assigned to the district in which the writ is to be executed, to that officer,

(b)if two or more enforcement officers are assigned to that district, to those officers collectively, or

(c)to a named enforcement officer who, whether or not assigned to that district, has undertaken to execute the writ.

(2)In this paragraph “writ of execution” does not include—

(a)a writ of sequestration, or

(b)a writ relating to ecclesiastical property.

[F118Issue of certain warrants to enforcement officersE+W

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Amendments (Textual)

F118Sch. 7 para. 3A and cross heading inserted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. {140(2)}, 148(5); S.I. 2007/2709, art. 5(a)

3A(1)Sub-paragraph (2) applies for the purpose of identifying the enforcement officer to whom a warrant may be issued under—E+W

(a)section 91(1) of the Lands Clauses Consolidation Act 1845 (proceedings in case of refusal to deliver possession of lands), or

(b)section 13(1) of the Compulsory Purchase Act 1965 (refusal to give possession to acquiring authority).

(2)The enforcement officer, in relation to such a warrant, is—

(a)the enforcement officer assigned to a relevant district or, if two or more enforcement officers are assigned to that district, those officers collectively, or

(b)a named enforcement officer who, whether or not assigned to a relevant district, has undertaken to execute the warrant.

(3)In sub-paragraph (2), “a relevant district”, in relation to a warrant, means—

(a)the district where the land in respect of which the warrant was issued is situated, or

(b)if that land (being land in one ownership) is not situated wholly in one district, a district where any part of that land is situated.]

Enforcement officers to have traditional powers etc. of sheriffE+W

4(1)This paragraph applies in relation to writs directed to one or more enforcement officers under paragraph 3 [F119and warrants issued to one or more enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b)] .E+W

[F120(1A)But it is subject to Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 in the case of a writ conferring power to use the procedure in that Schedule.]

(2)The relevant officer has, in relation to the writ, the duties, powers, rights, privileges and liabilities that a sheriff of a county would have had at common law if—

(a)the writ had been directed to him, and

(b)the district in which it is to be executed had been within his county.

[F121(2A)The relevant officer has, in relation to the warrant, the duties, powers, rights, privileges and liabilities that a sheriff of a county would have had at common law if—

(a)the warrant had been issued to him, and

(b)the district in which it is to be executed had been within his county.]

[F122(3)The relevant officer” means—

(a)in relation to a writ—

(i)if the writ is directed to a single enforcement officer under paragraph 3(1)(a) or (c), that officer;

(ii)if the writ is directed to two or more enforcement officers collectively under paragraph 3(1)(b), the officer to whom, in accordance with approved arrangements, the execution of the writ is allocated,

(b)in relation to a warrant—

(i)if the warrant is issued to a single enforcement officer in accordance with paragraph 3A(2)(a) or (b), that officer;

(ii)if the warrant is issued to two or more enforcement officers collectively in accordance with paragraph 3A(2)(a), the officer to whom, in accordance with approved arrangements, the execution of the warrant is allocated.]

[F123(4)Sub-paragraphs (2) and (2A) apply to a person acting under the authority of the relevant officer as they apply to the relevant officer.]

(5)In this Schedule “approved arrangements” means arrangements approved by the Lord Chancellor or a person acting on his behalf.

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Amendments (Textual)

F122Sch. 7 para. 4(3) substituted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 140(6), 148(5), S.I. 2007/2709, {art. 5(a)}

Constable’s duty to assist enforcement officersE+W

5It is the duty of every constable, at the request of—E+W

(a)an enforcement officer, or

(b)a person acting under the officer’s authority,

to assist the officer or that person in the execution of a writ [F124or warrant] .

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Amendments (Textual)

Writs of execution against goodsE+W

Application of paragraphs 7 to 11E+W

[F1256(1)Paragraph 7 applies to any writ of execution against goods which is issued from the High Court.E+W

(2)Paragraphs 8 to 11—

(a)do not apply to any writ that confers power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, but

(b)apply to any other writ of execution against goods which is issued from the High Court.]

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Amendments (Textual)

Endorsement of writ with date and time of receiptE+W

7(1)If the writ is directed to a single enforcement officer under paragraph 3(1)(a) or (c), that officer must endorse it as soon as possible after receiving it.E+W

(2)If the writ is directed to two or more enforcement officers collectively under paragraph 3(1)(b), the individual who, in accordance with approved arrangements, is responsible for allocating its execution to one of those officers, must endorse it as soon as possible after receiving it.

(3)If the writ is directed to a person who is not an enforcement officer but is under a duty to execute it, that person must endorse it as soon as possible after receiving it.

(4)For the purposes of this paragraph, a person endorses a writ by endorsing on the back of it the date and time when he received it.

(5)No fee may be charged for endorsing a writ under this paragraph.

Effect of writE+W

8(1)Subject to sub-paragraph (2), the writ binds the property in the goods of the execution debtor from the time when the writ is received by the person who is under a duty to endorse it.E+W

(2)The writ does not prejudice the title to any goods of the execution debtor acquired by a person in good faith and for valuable consideration.

(3)Sub-paragraph (2) does not apply if the person acquiring goods of the execution debtor had notice, at the time of the acquisition, that—

(a)the writ, or

(b)any other writ by virtue of which the goods of the execution debtor might be seized or attached,

had been received by the person who was under a duty to endorse it but had not been executed.

(4)Sub-paragraph (2) does not apply if the person acquiring goods of the execution debtor had notice, at the time of the acquisition, that—

(a)an application for the issue of a warrant of execution against the goods of the execution debtor had been made to the F126... county court, and

(b)the warrant issued on the application [F127remained unexecuted in the hands of a person charged with its execution.]

F128(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)For the purposes of sub-paragraph (2) a thing shall be treated as done in good faith if it is in fact done honestly (whether it is done negligently or not).

(7)Any reference in this paragraph to the goods of the execution debtor includes anything else of his that may lawfully be seized in execution.

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Amendments (Textual)

F126Words in Sch. 7 para. 8(4)(a) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 40(d)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F127Words in Sch. 7 para. 8(4)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 40(d)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Seizure of goodsE+W

9(1)This paragraph applies where an enforcement officer or other person who is under a duty to execute the writ is executing it.E+W

(2)The officer may, by virtue of the writ, seize—

(a)any goods of the execution debtor that are not exempt goods, and

(b)any money, banknotes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the execution debtor.

(3)Exempt goods” means—

(a)such tools, books, vehicles and other items of equipment as are necessary to the execution debtor for use personally by him in his employment, business or vocation;

(b)such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the execution debtor and his family.

Sale of goods seizedE+W

10(1)This paragraph applies if—E+W

(a)a writ of execution has been issued from the High Court,

(b)goods are seized under the writ by an enforcement officer or other person under a duty to execute it, and

(c)the goods are to be sold for a sum which, including legal incidental expenses, exceeds £20.

(2)The sale must be—

(a)made by public auction, and not by bill of sale or private contract, unless the court otherwise orders, and

(b)publicly advertised on, and during the three days preceding, the day of sale.

(3)If the person who seized the goods has notice of another execution or other executions, the court must not consider an application for leave to sell privately until the notice prescribed by Civil Procedure Rules has been given to the other execution creditor or creditors.

(4)An execution creditor given notice under sub-paragraph (3) is entitled—

(a)to appear before the court, and

(b)to be heard on the application for the order.

Protection of officers selling seized goodsE+W

11(1)This paragraph applies if—E+W

(a)a writ of execution has been issued from the High Court,

(b)goods in the possession of an execution debtor are seized by an enforcement officer or other person under a duty to execute the writ, and

(c)the goods are sold by that officer without any claims having been made to them.

(2)If this paragraph applies—

(a)the purchaser of the goods acquires a good title to them, and

(b)no person is entitled to recover against the officer or anyone acting under his authority—

(i)for any sale of the goods, or

(ii)for paying over the proceeds prior to the receipt of a claim to the goods,

unless it is proved that the person from whom recovery is sought had notice, or might by making reasonable enquiry have ascertained, that the goods were not the property of the execution debtor.

(3)Nothing in this paragraph affects the right of a lawful claimant to any remedy to which he is entitled against any person other than the enforcement officer or other officer charged with the execution of the writ.

(4)Lawful claimant” means a person who proves that at the time of sale he had a title to any goods seized and sold.

(5)This paragraph is subject to sections 183, 184 and 346 of the Insolvency Act 1986.

SupplementaryE+W

RegulationsE+W

12(1)The Lord Chancellor may make regulations for the purpose of giving effect to the provisions of this Schedule that relate to enforcement officers.E+W

(2)The regulations may, in particular, make provision as to—

(a)conditions to be met by individuals seeking to be authorised to act as enforcement officers;

(b)the circumstances in which authorisations may be terminated;

(c)the procedures to be followed in relation to the assignment of enforcement officers or changes in their assignments;

(d)the publication of—

(i)lists of enforcement officers assigned to each district, and

(ii)addresses to which writs of execution issued from the High Court to enforcement officers [F129, or warrants issued to enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b),] may be sent.

(3)Subject to paragraph 7(5) the regulations may make provision for the determination of fees that may be charged by enforcement officers.

(4)Before making any regulations under this paragraph, the Lord Chancellor must consult—

(a)the Lord Chief Justice,

(b)the Master of the Rolls,

[F130(ba)the President of the Queen's Bench Division,

(c)the President of the Family Division,

(d)the Chancellor of the High Court, and]

(e)the Head of Civil Justice.

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Amendments (Textual)

Section 109(1)

SCHEDULE 8E+W+S+N.I.Minor and consequential amendments

Parochial Libraries Act 1708 (c. 14)E+W+S+N.I.

1In section 10 (warrant to search for lost books), omit “for the commission area”.E+W+S+N.I.

Distress for Rent Act 1737 (c. 19)E+W+S+N.I.

2In section 4 (application to justices where goods carried off or concealed), omit “of the same commission area”.E+W+S+N.I.

3In section 16 (possession of property deserted by tenant), omit “of the county, riding, division, or place”.E+W+S+N.I.

Inclosure Act 1773 (c. 81)E+W+S+N.I.

4In section 4 (issue of warrant for recovery of expenses by distress and sale), omit—E+W+S+N.I.

(a)“under the hand and seal”, and

(b)“of the commission area wherein such common field lands shall lie”.

Sale of Farming Stock Act 1816 (c. 50)E+W+S+N.I.

5In section 10 (indemnity to sheriff and others acting under the provisions of the Act), for “or under sheriff” substitute “ , under sheriff or other officer ”.E+W+S+N.I.

Burial Ground Act 1816 (c. 141)E+W+S+N.I.

6In section 2 (verification of value of land), omit “for the commission area in which such land is situated”.E+W+S+N.I.

Inclosure and Drainage (Rates) Act 1833 (c. 35)E+W+S+N.I.

7In section 1 (recovery of rates or assessments), omit “acting for any commission area, in petty sessions assembled”.E+W+S+N.I.

8In section 2 (form of warrant or distress), omit “for the said (county, riding, or division, as the case may be)”.E+W+S+N.I.

Judgments Act 1838 (c. 110)E+W+S+N.I.

9In section 12 (sheriff may seize money, bank notes, etc.), after “poundage and expences” insert “ or other officer’s fees ”.E+W+S+N.I.

Metropolitan Police Act 1839 (c. 47)E+W+S+N.I.

10For section 75 (meaning of “magistrate”), substitute—E+W+S+N.I.

75Meaning of “magistrate” in this Act

In this Act “magistrate” means any two justices of the peace sitting together in public.

Ordnance Survey Act 1841 (c. 30)E+W+S+N.I.

11In section 2 (dispute as to damage caused during survey)—E+W+S+N.I.

(a)for “by any two or more justices in petty sessions assembled of the place in which the lands, grounds, heritages, or trees may be situate” substitute “ by a magistrates' court ”, and

(b)for “the justices, may appeal” substitute “ the magistrates' court, may appeal ”.

Railway Regulation Act 1842 (c. 55)E+W

12F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Defence Act 1842 (c. 94)E+W

13(1)In section 24 (compensation for damage caused by temporary buildings), omit “of the county, riding, city, or place”.E+W

(2)This paragraph extends only to England and Wales.

London Hackney Carriages Act 1843 (c. 86)E+W+S+N.I.

14(1)Amend section 24 (proceedings with respect to licences on quitting service) as follows.E+W+S+N.I.

(2)Re-number the existing provision subsection (1).

(3)In that subsection—

(a)for “any time not exceeding” substitute “ a time which, excluding any day mentioned in subsection (2), does not exceed ”,

(b)for “the magistrates' court for the petty sessions area in which the said proprietor shall dwell” substitute “ a magistrates' court ”,

(c)for “at the time of applying” substitute “ when applying ”,

(d)for “justices' chief executive for such” substitute “ designated officer for the ”,

(e)for “twenty-four hours, exclusive of Sunday or any day on which the magistrates' court shall not sit,” substitute “ that time ”, and

(f)for “at the same magistrates' court” substitute “ to a magistrates' court ”.

(4)After that subsection insert—

(2)The days are—

(a)Saturday or Sunday;

(b)Christmas Day or Good Friday;

(c)a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

Companies Clauses Consolidation Act 1845 (c. 16)E+W

15In section 3 (interpretation), omit the words from “The word “justice”” to “acting together in petty sessions”.E+W

16In section 18 (transmission of shares by other means than transfer to be authenticated by a declaration), for the words from “before a justice” to “and such declaration” substitute “ before a justice or a person authorised to administer oaths; and such declaration ”.E+W

17In section 33 (evidence as to forfeiture of shares), for the words from “before any justice” to “that the call” substitute “ before any justice or a person authorised to administer oaths, that the call ”.E+W

18Paragraphs 15 to 17 extend only to England and Wales.E+W

Lands Clauses Consolidation Act 1845 (c. 18)E+W

19(1)In section 3 (interpretation), omit the words from “The word “justices”” to “acting together”.E+W

(2)This paragraph extends only to England and Wales.

Railway Clauses Consolidation Act 1845 (c. 20)E+W+S+N.I.

20In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.E+W

21In section 11 (limiting deviation from datum line described on sections, etc.)—E+W

(a)for “in petty sessions assembled for that purpose, and acting for the district” substitute “ acting in the local justice area ”, and

(b)for the words from “every petty sessions” to “holding of such petty sessions” substitute “ every hearing before two or more justices to be held for the purpose of obtaining their consent as mentioned above shall, at least 14 days before the hearing ”.

22In section 46 (crossings of roads—level crossings), omit “in petty sessions”.E+W

23In section 59 (proceedings on application to justices to consent to level crossings over highways other than public carriage roads)—E+W

(a)for “fourteen days at least previous to the holding of the petty sessions at which such application is intended to be made” substitute “ at least 14 days before the application is intended to be made ”,

(b)for “acting for the district” substitute “ acting in the local justice area ”, and

(c)omit “, and assembled in petty sessions,”.

24Paragraphs 20 to 23 extend only to England and Wales.E+W+S+N.I.

Geological Survey Act 1845 (c. 63)E+W+S+N.I.

25In section 1 (dispute as to damage caused during survey), for “by any two or more justices of the peace, in petty sessions assembled, of the place where the lands or trees may be situate” substitute “ by a magistrates' court ”.E+W+S+N.I.

26In section 6 (interpretation), for “the word “justices” shall include all persons acting in the commission of the peace and” substitute “ the words “magistrates' court” shall include ”.E+W+S+N.I.

Markets and Fairs Clauses Act 1847 (c. 14)E+W

27(1)In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.E+W

(2)This paragraph does not extend to Northern Ireland.

Harbours, Docks and Piers Clauses Act 1847 (c. 27)E+W

28(1)In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.E+W

(2)This paragraph does not extend to Northern Ireland.

Towns Improvement Clauses Act 1847 (c. 34)E+W

29(1)In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.E+W

(2)This paragraph does not extend to Northern Ireland.

Cemeteries Clauses Act 1847 (c. 65)E+W

30(1)In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.E+W

(2)This paragraph does not extend to Northern Ireland.

Town Police Clauses Act 1847 (c. 89)E+W

31(1)In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.E+W

(2)This paragraph does not extend to Northern Ireland.

Hares Act 1848 (c. 29)E+W+S+N.I.

32E+W+S+N.I.

[F132In section 2 (registration of authorisation)—

(a)for “clerk of the magistrates acting for the petty sessions area” substitute “ designated officer for the local justice area ”, and

(b)for “clerk of the magistrates as” substitute “ designated officer as ”.]

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Amendments (Textual)

F132Sch. 8 para. 32 repealed (E.W.) (1.8.2007) by The Regulatory Reform (Game) Order (S.I. 2007/2007), art. 6, {Sch. para. 1(q)}

Indictable Offences Act 1848 (c. 42)E+W+S+N.I.

33In section 13 (English warrants may be backed in the Isles of Man, Guernsey, Jersey, Alderney or Sark, and vice versa)—E+W+S+N.I.

(a)omit “any county, riding, division, liberty, city, borough, or place in” (in both places),

(b)for “and for the county or place into which such person shall escape or go, or where he shall reside or be, or be supposed or suspected to be,” substitute “ England and Wales ”,

(c)for “indorsing the same has jurisdiction” substitute “ indorsing the same is acting or has jurisdiction ”,

(d)for “issued such warrant or process shall have jurisdiction” substitute “ issued such warrant or process is acting or has jurisdiction ”, and

(e)for “had been apprehended within his jurisdiction” substitute “ had been apprehended in England or Wales or (as the case may be) within his jurisdiction ”.

Evidence Act 1851 (c. 99)E+W+S+N.I.

34In section 13(2)(a) (proof of conviction of defendant by copy of certified record), for “justices' chief executive” substitute “ designated officer ”.E+W+S+N.I.

Inclosure Act 1859 (c. 43)E+W+S+N.I.

35In section 4 (how damage to be assessed), for “for the county or riding or other division or place within which” substitute “ acting in the local justice area in which ”.E+W+S+N.I.

36In section 6 (justices' warrant for distress), for “of such county or riding, or other district or place as aforesaid, shall, by warrant under their hands and seals,” substitute “ acting in the local justice area shall by warrant ”.E+W+S+N.I.

Ecclesiastical Courts Jurisdiction Act 1860 (c. 32)E+W+S+N.I.

37In section 2 (offence of making a disturbance in churches, chapels, churchyards etc.)—E+W+S

(a)for “before two justices of the peace” substitute “ by a magistrates' court ”,

(b)for “a penalty of not more than” substitute “ a fine not exceeding ”, and

(c)for “for every such offence, or may, if the justices before whom he shall be convicted think fit, instead of being subjected to any pecuniary penalty, be committed to prison for any time” substitute “ or to imprisonment for a term ”.

38In section 3 (power to arrest offenders and take them before a justice of the peace), for “justice of the peace of the county or place where the said offence shall have been so committed,” substitute “ magistrates' court ”.E+W+S

39Paragraphs 37 and 38 do not extend to Northern Ireland.E+W+S+N.I.

Defence Act 1860 (c. 112)E+W

40(1)In section 47 (interpretation), omit the words from “The word “justices”” to “acting together:”.E+W

(2)This paragraph extends only to England and Wales.

Offences Against the Person Act 1861 (c. 100)E+W+S+N.I.

41In section 44 (if magistrates dismiss case of assault or battery, they must make out certificate to that effect), omit“under their hands”.E+W+S

42In section 65 (justices may issue search warrants for explosive substances)—E+W+S

(a)for “Any justice of the peace of any county or place in which” substitute “ Where ”,

(b)after “in this Act mentioned,” insert “ a justice of the peace, ”, and

(c)omit “under his hand and seal”.

43Paragraphs 41 and 42 do not extend to Northern Ireland.E+W+S+N.I.

Poaching Prevention Act 1862 (c. 114)E+W+S+N.I.

44(1)In section 1 (interpretation), omit from “; and the words “justice” and “justices”” onwards.E+W+S

(2)This paragraph does not extend to Northern Ireland.

45In section 2 (summons to appear before justice of the peace)—E+W+S+N.I.

(a)after “citing such person to appear before” insert “ , in England and Wales, a magistrates' court or ”,

(b)omit “England and”, and

(c)for “forfeit and pay any sum” substitute “ be liable to a fine ”.

46In section 3 (recovery of penalties), omit “in England in the same manner as penalties under the Game Act 1831 and”.E+W+S+N.I.

Criminal Procedure Act 1865 (c. 18)E+W+S+N.I.

47In section 6(2)(a) (proof of conviction of witness by signed certificate), for “justices' chief executive” substitute “ designated officer ”.E+W+S+N.I.

Dockyard Ports Regulation Act 1865 (c. 125)E+W+S+N.I.

48(1)In section 2 (interpretation), omit the words from “The term “justice”” to “arises:”.E+W+S

(2)This paragraph does not extend to Northern Ireland.

49In section 22 (jurisdiction of justice of the peace), for “Where any district” substitute—E+W+S+N.I.

(1)For the purposes of this Act, where a local justice area in England and Wales abuts on the shore of the sea or other navigable water, any magistrates' court in England and Wales has jurisdiction over—

(a)any vessel which is near or passes near the shore, and

(b)every person on board the vessel or belonging to it,

as if the vessel or person were in England and Wales.

(2)Where any other district.

Newspapers, Printers and Reading Rooms Repeal Act 1869 (c. 24)E+W+S+N.I.

50In Schedule 2 (which sets out enactments continued in force under section 1)—E+W+S+N.I.

(a)in section 29 of the Unlawful Societies Act 1799 (penalty for neglecting or refusing to produce copy), for “forfeit and lose the sum” substitute “ be liable on summary conviction to a fine ”,

(b)in section 34 of the 1799 Act (prosecutions to be commenced within 3 months), omit “or sued” and “, or such action shall be brought,”,

(c)omit section 35 of the 1799 Act (recovery of penalties),

(d)omit section 36 of the 1799 Act (application of penalties), and

(e)in section 2 of the Printers and Publishers Act 1839 (penalty upon printers for not printing their name, etc.), for “forfeit a sum not more than” substitute “ be liable on summary conviction to a fine not exceeding ”.

Promissory Oaths Act 1871 (c. 48)E+W+S+N.I.

51In section 2 (persons before whom oaths to be taken), for the paragraph beginning “In England” substitute— In England and Wales— E+W+S+N.I.

(a)before the Lord Chancellor, or

(b)in open court before one or more judges of the High Court or before one or more Circuit judges.

Prevention of Crimes Act 1871 (c. 112)E+W+S+N.I.

52In paragraph (a) of the last sentence of section 18 (proof of conviction by certificate or copy of conviction), for “justices' chief executive” substitute “ designated officer ”.E+W+S+N.I.

Fairs Act 1873 (c. 37)E+W+S+N.I.

53The amendments of section 6 (alteration of fair day on representation of local authority) made by—E+W+S+N.I.

(a)paragraph 10 of Schedule 10 to the Access to Justice Act 1999, and

(b)paragraph 5 of Schedule 13 to that Act,

shall be treated as if they had never had effect.

Commons Act 1876 (c. 56)E+W+S+N.I.

54In section 20 (prohibition of gravel digging on certain commons without authority of justices), for “in petty sessions assembled, and acting in and for the petty sessions area in which such common is situate,” substitute “ of the peace ”.E+W+S+N.I.

Municipal Corporations Act 1882 (c. 50)E+W+S+N.I.

55In section 153(3) (issue of warrant following failure by borough to pay sum due to county), omit “for a commission area consisting of or including the whole or part of the county”.E+W+S+N.I.

Explosive Substances Act 1883 (c. 3)E+W+S+N.I.

56(1)In section 6(1) (inquiry into offences)—E+W+S

(a)omit “for the county, borough, or place in which the crime was committed or is suspected to have been committed,”,

(b)omit “sit at a petty sessional or occasional court-house, or police station in the said county, borough or place, and”, and

(c)for “the next petty sessions, or” substitute “ a magistrates' court ”.

(2)This paragraph does not extend to Northern Ireland.

57In section 9(2) (application of Act to Scotland), for “ “petty sessional court house”” substitute “ “magistrates' court” ”.E+W+S+N.I.

Sheriffs Act 1887 (c. 55)E+W+S+N.I.

58In section 7(1) (declaration of office), for the words from “effect before” onwards substitute effect— E+W+S+N.I.

(a)before one of the judges of Her Majesty’s High Court; or

(b)in the county of which he is sheriff before a justice of the peace.

59In section 17 (disqualification from acting as justice of the peace), for “peace for” substitute “ peace in any local justice area consisting of or including the whole or a part of ”.E+W+S+N.I.

60In section 23(3) (declaration of office by under-sheriff), for the words from “effect before” onwards substitute effect— E+W+S+N.I.

(a)before one of the judges of Her Majesty’s High Court; or

(b)in the county for which such under-sheriff is appointed before a justice of the peace.

61(1)Amend section 26 (declaration by bailiffs, etc.) as follows.E+W+S+N.I.

(2)Re-number the existing provision subsection (1).

(3)In that subsection, for the words from “effect before” onwards substitute effect—

(a)before any judge of the High Court; or

(b)in the county in which he exercises his authority before a justice of the peace.

(4)After that subsection insert—

(2)Subsection (1) does not apply to any enforcement officer or any person acting under the authority of an enforcement officer.

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Commencement Information

I47Sch. 8 para. 61 wholly in force; Sch. 8 para. 61 not in force at Royal Assent see s. 110(1)(2); Sch. 8 para. 61(1)(2)(4) in force at 15.3.2004 by S.I. 2004/401, art. 2(b)(iii) (with art. 3); Sch. 8 para 61(3) in force at 1.4.2005 insofar as not already in force by S.I. 2005/910, art. 3(y)

62In section 29 (punishment for misconduct), after subsection (2) insert—E+W+S+N.I.

(2A)Subsection (2) does not apply to any enforcement officer or any person acting under the authority of an enforcement officer.

63In section 38 (definitions), after the definition of “county” insert—E+W+S+N.I.

enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003;, and omit from “Any reference” to the end of the section.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I48Sch. 8 para. 63 partly in force; Sch. 8 para. 63 not in force at Royal Assent see s. 110(1)(2); Sch. 8 para. 63 in force for certain purposes at 15.3.2004 by S.I. 2004/401, art. 2(b)(iii) (with art. 3); Sch. 8 para. 63 in force 1.4.2005 insofar as not already in force by S.I. 2005/910, art. 3(y)

Local Government Act 1888 (c. 41)E+W+S+N.I.

64In section 28(2) (power of county council to delegate to justices functions relating to contagious diseases of animals), for “for a commission” substitute “ acting in a local justice ”.E+W+S+N.I.

Behring Sea Award Act 1894 (c. 2)E+W+S+N.I.

F13365. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Public Health Acts Amendment Act 1907 (c. 53)E+W+S+N.I.

66In section 94(7) (licensing of pleasure boats: appeals to magistrates' court), for “justices' chief executive for the court” substitute “ designated officer for the court ”.E+W+S+N.I.

Indictments Act 1915 (c. 90)E+W+S+N.I.

67In section 2(2) (powers of rule committee), for the words preceding “shall have power” substitute “ The Criminal Procedure Rule Committee ”.E+W+S+N.I.

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Commencement Information

I49Sch. 8 para. 67 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(c)(i) (subject to art. 3)

Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)E+W+S+N.I.

68In section 3(4) (return of order to original court for further evidence to be taken), omit “appointed for the same commission area”.E+W+S+N.I.

F13469. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F134Sch. 8 para. 69 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

70(1)In section 7(2) (power to make rules about proceedings under the Act), for the words from “Without prejudice” to “such rules” substitute “ For the purpose of giving effect to this Act rules of court ”.E+W+S+N.I.

(2)Sub-paragraph (1) does not extend to Northern Ireland.

Criminal Justice Act 1925 (c. 86)E+W+S+N.I.

71In section 33(4) (rules about service of documents on a corporation), omit “, except in so far as such provision may be made by rules under section 144 of the Magistrates' Courts Act 1980”.E+W+S+N.I.

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Commencement Information

I50Sch. 8 para. 71 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(c)(ii) (subject to art. 3)

Children and Young Persons Act 1933 (c. 12)E+W+S+N.I.

72In section 7(2) (offence of selling tobacco to persons under 16: complaint to court of summary jurisdiction), for “court of summary jurisdiction” substitute “ magistrates' court ”.E+W+S+N.I.

73(1)Amend section 25 (restrictions on persons under 18 going abroad to perform for profit) as follows.E+W+S+N.I.

(2)In subsection (6), for “court of summary jurisdiction” substitute “ relevant court ”.

(3)After subsection (10), insert—

(11)In this section “the relevant court”—

(a)in relation to England and Wales, means a magistrates' court;

(b)in relation to Scotland, means a sheriff court;

(c)in relation to Northern Ireland, means a court of summary jurisdiction.

74(1)Amend section 46 (assignment of certain matters to youth courts) as follows.E+W+S+N.I.

(2)In subsection (1), for “court of summary jurisdiction” (in each place) substitute “ magistrates' court ”.

(3)In subsection (1A), for “justices' chief executive for” substitute “ designated officer for ”.

75In section 48(3) (remand of child or young person by youth court), for “for the same petty sessions area or place” substitute “ in the same local justice area ”.E+W+S+N.I.

76Omit section 101 (application of Summary Jurisdiction Acts).E+W+S+N.I.

77In section 102(1) (appeals to Crown Court), for “court of summary jurisdiction” substitute “ magistrates' court ”.E+W+S+N.I.

Foreign Judgments (Reciprocal Enforcement) Act 1933 (c. 13)E+W+S+N.I.

78(1)In section 3(1) (power to make rules of court for purposes of Act), for “rules of court under section 84 of the Supreme Court Act 1981” substitute “ Civil Procedure Rules ”.E+W+S+N.I.

(2)Sub-paragraph (1) extends only to England and Wales.

Public Offices (Site) Act 1947 (c. 45)E+W+S+N.I.

79Omit section 7 (correction of errors in deposited plan and book of reference).E+W+S+N.I.

The National Assistance Act 1948 (c. 29)E+W+S+N.I.

80F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

81(1)Amend section 47 (removal to suitable premises of persons in need of care and attention) as follows.E+W+S+N.I.

(2)In subsection (2), for “a court of summary jurisdiction having jurisdiction in the place where the premises are situated” substitute “ the court ”.

(3)After subsection (12) insert—

(12A)In this section, “the court”—

(a)in England and Wales, means a magistrates' court acting in the local justice area where the premises are situated;

(b)in Scotland, means the sheriff having jurisdiction in the place where the premises are situated.

82Omit section 65(c) (in application of Act to Scotland, references to court of summary jurisdiction to be read as references to sheriff).E+W+S+N.I.

Criminal Justice Act 1948 (c. 58)E+W+S+N.I.

83For section 37(4) (recommittal following appeal etc.) substitute—E+W+S+N.I.

(4)Criminal Procedure Rules may be made for authorising the recommittal, in such cases and by such courts or justices as may be prescribed by the rules, of persons released from custody under this section.

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Commencement Information

I51Sch. 8 para. 83 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(c)(iii) (subject to art. 3)

Prevention of Damage by Pests Act 1949 (c. 55)E+W+S+N.I.

84(1)Amend section 15 (appeal against directions) as follows.E+W+S+N.I.

(2)In subsection (1), omit “for the petty sessions area or place in which the works are required to be carried out or, as the case may be, in which the food or container is for the time being situated”.

(3)In subsection (5), for “from “to a court” to the end of the subsection” substitute “ “to a court of summary jurisdiction” ”.

Marriage Act 1949 (c. 76)E+W+S+N.I.

F13685. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F136Sch. 8 para. 85 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

National Parks and Access to the Countryside Act 1949 (c. 97)E+W+S+N.I.

86In section 68(3) (complaint to court about access requirement), omit “for the petty sessions area or place within which the land to which the notice relates is situated”.E+W+S+N.I.

Maintenance Orders Act 1950 (c. 37)E+W+S+N.I.

87In section 17(1)(a) (registration of maintenance orders in England), for “for the same place” substitute “ acting in the same local justice area ”.E+W+S+N.I.

F13788. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F137Sch. 8 paras. 88-90 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F13789. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F137Sch. 8 paras. 88-90 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F13790. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F137Sch. 8 paras. 88-90 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

91(1)Amend section 25 (rules as to procedure of magistrates' courts) as follows.E+W+S+N.I.

(2)Omit subsection (1).

(3)In subsection (3)—

(a)after “Rules” insert “ of court ”, and

(b)in paragraph (a), for the words from “by means of” onwards, substitute “ in accordance with the rules ”.

(4)Sub-paragraph (3) does not extend to Northern Ireland.

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Commencement Information

I52Sch. 8 para. 91 partly in force; Sch. 8 para. 91 not in force at Royal Assent see s. 110(1)(2); Sch. 8 para 91(1)(3)(4) in force at 1.4.2005 by S.I. 2005/910, art. 3(y)

I53Sch. 8 para. 91(2) in force at 6.4.2011 by S.I. 2010/2921, art. 3(b)

92(1)Amend section 28(1) (interpretation) as follows.E+W+S+N.I.

F138(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In the definition of “prescribed”, omit—

(a)“England or”,

(b)“by rules made under section fifteen of the Justices of the Peace Act 1949, or”, and

(c)“as the case may be,”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F138Sch. 8 para. 92(2) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)E+W+S+N.I.

93(1)In Schedule 2 (paying authorities under Part 5), omit Part 2.E+W+S+N.I.

(2)Nothing in sub-paragraph (1) is to be read as amending Schedule 2 as it extends to Northern Ireland.

Prison Act 1952 (c. 52)E+W+S+N.I.

94(1)Amend section 19 (right of justice to visit prison) as follows.E+W+S+N.I.

(2)In subsection (1), for “for any commission area” substitute “ assigned to any local justice area ”.

(3)In subsection (2), omit “or to visit any prisoner under sentence of death”.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)E+W+S+N.I.

95In—E+W+S+N.I.

(a)section 189(3A)(a) (fee for certificate on delivery into military custody of person dealt with by court of summary jurisdiction as illegally absent), and

(b)section 199(4)(a) (certificate as proof of outcome of civil trial),

for “justices' chief executive” substitute “ designated officer ”.

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)E+W+S+N.I.

96In—E+W+S+N.I.

(a)section 189(3A)(a) (fee for certificate on delivery into air force custody of person dealt with by court of summary jurisdiction as illegally absent), and

(b)section 199(4)(a) (certificate as proof of outcome of civil trial),

for “justices' chief executive” substitute “ designated officer ”.

Naval Discipline Act 1957 (c. 53)E+W+S+N.I.

97In—E+W+S+N.I.

(a)section 110(2A)(a) (fee for certificate on delivery into naval custody of person dealt with by court of summary jurisdiction as illegally absent), and

(b)section 129B(4)(a) (certificate as proof of outcome of civil trial),

for “justices' chief executive” substitute “ designated officer ”.

Maintenance Orders Act 1958 (c. 39)E+W+S+N.I.

F13998. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F139Sch. 8 paras. 98-103 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F13999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F139Sch. 8 paras. 98-103 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F139100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F139Sch. 8 paras. 98-103 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F139101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F139Sch. 8 paras. 98-103 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F139102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F139Sch. 8 paras. 98-103 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F139103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F139Sch. 8 paras. 98-103 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

104In section 21(1) (interpretation), omit the definition of “rules of court”.E+W+S+N.I.

Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)E+W+S+N.I.

105(1)Amend section 3 (power to close highways) as follows.E+W+S+N.I.

(2)In subsection (1), omit “sitting in petty sessions in the petty sessions area within which that highway or part of a highway is situated”.

(3)In subsection (2), omit “, being a highway or part within the jurisdiction of those justices”.

(4)For subsection (5)(c) substitute—

(c)the references to justices of the peace shall be construed as references to the district court for the area in which the highway or part of a highway is situated.

Obscene Publications Act 1959 (c. 66)E+W+S+N.I.

106(1)Amend section 3 (powers of search, seizure and forfeiture) as follows.E+W+S+N.I.

(2)In subsection (1), omit “in the petty sessions area for which he acts,” and “in that area”.

(3)In subsection (3)—

(a)for “for the same petty sessions area as the justice who issued the warrant, and the justice before whom the articles are brought” substitute “ in the local justice area in which the articles were seized, who ”;

(b)for “for that petty sessions area” substitute “ acting in that local justice area ”.

Road Traffic Act 1960 (c. 16)E+W+S+N.I.

107In section 243(a) (proof in summary proceedings of identity of driver), for “rules made under section fifteen of the Justices of the Peace Act 1949” substitute “ Criminal Procedure Rules ”.E+W+S+N.I.

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Commencement Information

I54Sch. 8 para. 107 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(c)(iv) (subject to art. 3)

Caravan Sites and Control of Development Act 1960 (c. 62)E+W+S+N.I.

108In section 7(1) (appeal to magistrates' court against conditions attached to site licence), omit “acting for the petty sessions area in which the land is situated”.E+W+S+N.I.

109In section 8(2) (appeal to magistrates' court against alteration to site licence conditions), omit “acting for the petty sessions area in which the land to which the site licence relates is situated”.E+W+S+N.I.

110In section 32(1)(c) (application to Scotland), omit “acting for the petty sessions area in which the land is situated”.E+W+S+N.I.

Administration of Justice Act 1960 (c. 65)E+W+S+N.I.

111In section 2(3) (power to extend time for applying for leave to appeal to House of Lords), omit “Except in a case involving sentence of death,”.E+W+S+N.I.

112Omit section 3 (special provision as to capital cases).E+W+S+N.I.

Betting, Gaming and Lotteries Act 1963 (c. 2)E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offices, Shops and Railway Premises Act 1963 (c. 41)E+W+S+N.I.

116In section 46(11) (appeals relating to exemptions from Act), omit “acting for the petty sessions area in which they are situate”.E+W+S+N.I.

Administration of Justice Act 1964 (c. 42)E+W+S+N.I.

117For section 19(4)(a) (application of Sheriffs Act 1887 to Greater London) substitute—E+W+S+N.I.

(a)in sections 7(1), 17, 23(3) and 26(1) any reference to a county shall be construed as a reference to Greater London;.

118In section 26 (Inner and Middle Temples), omit “commissions of the peace,”.E+W+S+N.I.

Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)E+W+S+N.I.

119In section 1(1) (endorsement of warrants issued in Republic of Ireland)—E+W+S+N.I.

(a)in paragraph (b), after “within the area” insert “ in or ”, and

(b)for “comprising the area for” substitute “ which consists of or includes the area in or for ”.

120In section 4(1) (issue of provisional warrant), in paragraph (c), after “within the area” insert “ in or ”.E+W+S+N.I.

121In section 6(2) (discharge of persons where police of Republic no longer require his delivery into their custody), after “justice of the peace acting” insert “ in or ”.E+W+S+N.I.

122In section 8(1) (rules of court), for paragraph (a) substitute—E+W+S+N.I.

(a)in England and Wales, Criminal Procedure Rules;.

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Commencement Information

I55Sch. 8 para. 122 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(c)(v) (subject to art. 3)

123(1)Amend the Schedule (supplementary provisions as to proceedings under section 2) as follows.E+W+S+N.I.

(2)For paragraphs 2 and 2A substitute—

2The court shall sit in open court and shall consist of—

(a)at least two justices, or

(b)a District Judge (Magistrates' Courts).

(3)In paragraph 3, for “paragraphs 2 and 2A” substitute “ paragraph 2 ”.

Compulsory Purchase Act 1965 (c. 56)E+W+S+N.I.

124Omit section 1(5) (jurisdiction of justices of the peace).E+W+S+N.I.

Public Works Loans Act 1965 (c. 63)E+W+S+N.I.

125In section 2(1)(a) (loan to relevant authority)—E+W+S+N.I.

(a)in sub-paragraph (iii), after “applies;” insert “ and ”, and

(b)omit sub-paragraph (v) and “and” before it.

Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)E+W+S+N.I.

126In each of the following provisions, for “Crown Court rules”, in each place it occurs, substitute “ Criminal Procedure Rules ”E+W+S+N.I.

(a)section 2(7), (8) and (9) (issue of witness summons on application to Crown Court),

(b)section 2B(2) and (3) (summons no longer needed),

(c)section 2C(2), (3), (5), (6) and (7) (application to make section 2 summons ineffective), and

(d)section 2E(3) and (4) (application to make section 2D summons ineffective).

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Commencement Information

I56Sch. 8 para. 126 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(c)(vi) (subject to art. 3)

National Loans Act 1968 (c. 18)E+W+S+N.I.

127In Schedule 4 (local loans), in paragraph 1, in paragraph (a) of the definition of “local authority”—E+W+S+N.I.

(a)in sub-paragraph (iii), after “applies;” insert “ and ”, and

(b)omit sub-paragraph (v) and “and” before it.

Criminal Appeal Act 1968 (c. 19)E+W+S+N.I.

128In section 45 (construction of references to single judge), for “31, 31A” substitute “ 31 to 31C ”.E+W+S+N.I.

129Omit section 48 (appeal in capital cases).E+W+S+N.I.

130Omit Schedule 4 (procedural and other modifications for capital cases).E+W+S+N.I.

Courts-Martial (Appeals) Act 1968 (c. 20)E+W+S+N.I.

131Omit—E+W+S+N.I.

(a)section 55 (modification of provisions of Parts 2 and 3 for capital cases), and

(b)Schedule 2 (procedural and other modifications for capital cases).

Gaming Act 1968 (c. 65)E+W+S+N.I.

132F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

133(1)Amend Schedule 3 (registration of members' clubs in England and Wales) as follows.E+W+S+N.I.

(2)In—

(a)paragraph 12(1) (in both places),

(b)paragraph 13(1),

(c)paragraph 15(1) (in both places),

(d)paragraph 16(1),

(e)paragraph 17(3) (in both places),

(f)paragraph 23, and

(g)paragraph 24(1) and (2),

for “chief executive to” substitute “ designated officer for ”.

(3)In paragraph 17(4), for “justices' chief executive” substitute “ designated officer ”.

134In Schedule 7 (registration for gaming by means of machines), in—E+W+S+N.I.

(a)paragraphs 3(1) and 4(1),

(b)paragraph 11(1) (in both places),

(c)paragraph 11(2),

(d)paragraphs 13(1) and 14,

(e)paragraph 20(1) (in both places), and

(f)paragraphs 24 and 25(1) and (2),

for “chief executive to” substitute “ designated officer for ”.

Children and Young Persons Act 1969 (c. 54)E+W+S+N.I.

F141135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

136In section 23A(2)(a) (court appearance of person arrested for breaking remand conditions), omit “for the petty sessions area in which he was arrested”.E+W+S+N.I.

Taxes Management Act 1970 (c. 9)E+W+S+N.I.

137In section 4(7) (power to appoint officers and staff for carrying out the administrative work of the Special Commissioners), for “section 27 of the Courts Act 1971” substitute “ section 2(1) of the Courts Act 2003 ”.E+W+S+N.I.

Administration of Justice Act 1970 (c. 31)E+W+S+N.I.

138In section 41(5) (enforcement of orders for payment of costs and compensation made before the appointed day), for “the magistrates' court for the petty sessions area” substitute “ a magistrates' court acting in the local justice area ”.E+W+S+N.I.

Courts Act 1971 (c. 23)E+W+S+N.I.

139Omit—E+W+S+N.I.

(a)section 27 (administrative and other court staff),

(b)section 28 (provision of accommodation), and

(c)Schedule 3 (premises formerly used for business of abolished courts).

140In section 52(3) (award of costs where information or complaint is not proceeded with)—E+W+S+N.I.

(a)in paragraph (b), for “acting for any area” substitute “ acting in any local justice area ”, and

(b)for “for that area” substitute “ acting in that area ”.

Attachment of Earnings Act 1971 (c. 32)E+W+S+N.I.

141In section 3(1)(c) (persons who may apply for an attachment of earnings order), for “a justices' chief executive, that justices' chief executive” substitute “ the designated officer for a magistrates' court, that officer ”.E+W+S+N.I.

142In section 6(7)(c) (collecting officer in case of order made by magistrates' court), for “justices' chief executive for that court or for” substitute “ designated officer for that court or for ”.E+W+S+N.I.

F142143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F142Sch. 8 para. 143 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

144In section 21(2)(a)(ii) (costs to be sum due), for “justices' chief executive for the” substitute “ designated officer for the magistrates' ”.E+W+S+N.I.

145In section 25(1) (interpretation), omit the definition of “rules of court” and “and” before it.E+W+S+N.I.

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Commencement Information

I57Sch. 8 para. 145 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(c)(vii) (subject to art. 3)

Fire Precautions Act 1971 (c. 40)E+W+S+N.I.

146In section 43(1) (interpretation), in the definition of “the court”, omit “acting for the petty sessions area in which they are situated”.E+W+S+N.I.

Immigration Act 1971 (c. 77)E+W+S+N.I.

147In section 25D(6)(a) (court to which application may be made following detention of ships, aircraft and vehicles), for sub-paragraphs (i) and (ii) substitute—E+W+S+N.I.

(ia)if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;.

148(1)Amend section 28K (execution of search warrants issued to immigration officers) as follows.E+W+S+N.I.

(2)For subsection (9)(a), substitute—

(a)if issued by a justice of the peace in England and Wales, to the designated officer for the local justice area in which the justice was acting when he issued the warrant;.

(3)In subsection (10), for “justices' chief executive” substitute “ designated officer ”.

149(1)Amend Schedule 2 (administrative provisions about control on entry) as follows.E+W+S+N.I.

(2)In paragraphs 23(1A)(a) and 31(3A)(a), for “justices' chief executive” substitute “ designated officer ”.

(3)In paragraphs 23(3) and 31(4), for “purposes of the Justices of the Peace Act 1997 and, in particular section 60 of that Act, as being” substitute “ purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as being ”.

(4)In paragraphs 24(2)(a) and 33(2)(a), after “hours, before” insert “ in England and Wales, a justice of the peace, in Northern Ireland, ”.

150(1)Amend Schedule 3 (supplementary provisions about deportation) as follows.E+W+S+N.I.

(2)After paragraph 6(2) insert—

(2A)Where the Crown Court directed release, the appropriate court is that court or a magistrates' court.

(3)In paragraph 6(3), omit “the Crown Court or” and “commission area or”.

(4)In paragraph 8(1)—

(a)for “England or Wales or” substitute “ England or Wales in pursuance of paragraph 7 above shall be brought as soon as practicable and in any event within twenty-four hours after his arrest before a justice of the peace in England or Wales, and a person arrested in ”;

(b)omit “area or”.

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)E+W+S+N.I.

F143151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F143Sch. 8 paras. 151-153 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F143152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F143Sch. 8 paras. 151-153 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F143153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F143Sch. 8 paras. 151-153 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

154In section 17(4) (proceedings in magistrates' courts)—E+W+S+N.I.

F144(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)after “Northern Ireland,” insert “ acting for the same ”.

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Amendments (Textual)

F144Sch. 8 para. 154(a) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

155(1)Amend section 18 (provision that may be made by magistrates' courts rules) as follows.E+W+S+N.I.

(2)In subsection (1)—

F145(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in paragraph (a), for “for a particular petty sessions area” substitute “ in a particular local justice area ”, and for “for such other petty sessions area” substitute “ in such other local justice area ”.

(3)In subsection (1A), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “ rules of court ”.

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Amendments (Textual)

F145Sch. 8 para. 155(2)(a) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

156In section 21(1) (interpretation of Part 1), in the definition of “prescribed”, omit—E+W+S+N.I.

(a)“in England and Wales or”,

(b)“by rules made under section 144 of the Magistrates' Courts Act 1980 or”, and

(c)“as the case may be,”.

F146157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F146Sch. 8 para. 157 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

158In section 26(6) (application for recovery of maintenance in convention country)—E+W+S+N.I.

F147(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in paragraph (b), after “district” insert “ in which the applicant is residing ”.

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Amendments (Textual)

F147Sch. 8 para. 158(a) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F148159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F148Sch. 8 paras. 159-163 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F148160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F148Sch. 8 paras. 159-163 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F148161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F148Sch. 8 paras. 159-163 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F148162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F148Sch. 8 paras. 159-163 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F148163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F148Sch. 8 paras. 159-163 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

164In section 47(3) (construction of references to the jurisdiction of a court), for the words from “construed in relation” onwards substitute construed— E+W+S+N.I.

(a)in relation to a magistrates' court in England and Wales as a reference to the local justice area in which the court acts, and

(b)in relation to a magistrates' court in Northern Ireland as a reference to the petty sessions district for which the court acts.

Civil Evidence Act 1972 (c. 30)E+W+S+N.I.

165Omit section 2(8) (power to make rules of court under section 2 is without prejudice to other such powers).E+W+S+N.I.

Criminal Justice Act 1972 (c. 71)E+W+S+N.I.

166In section 51(4) (execution of process between England and Wales and Scotland), for “by virtue of section 45(1) of the Justices of the Peace Act 1997, as it has” substitute “ by virtue of section 28(1) of the Courts Act 2003, as it has ”.E+W+S+N.I.

Administration of Justice Act 1973 (c. 15)E+W+S+N.I.

167In section 5 (consequential) omit “Paragraph 7 of”.E+W+S+N.I.

168In Schedule 1 (justices of the peace: consequential re-enactments and amendments), omit paragraphs 7 to 7B and 10(1).E+W+S+N.I.

Matrimonial Causes Act 1973 (c. 18)E+W+S+N.I.

F149169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F149Sch. 8 para. 169 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F150170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F150Sch. 8 para. 170 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Breeding of Dogs Act 1973 (c. 60)E+W+S+N.I.

171In section 3(9) (application to terminate disqualification), for “for the same petty sessions” substitute “ in the same local justice ”.E+W+S+N.I.

Juries Act 1974 (c. 23)E+W+S+N.I.

172In—E+W+S+N.I.

(a)section 9(3) (appeal against refusal to excuse from jury service), and

(b)section 9A(3) (appeal against refusal to defer jury service),

for “Crown Court rules” substitute “ Criminal Procedure Rules ”.

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Commencement Information

I58Sch. 8 para. 172 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(c)(viii) (subject to art. 3)

173In section 14 (views by jurors), for “Crown Court rules, and rules of court for civil cases,” substitute “ Criminal Procedure Rules and Civil Procedure Rules ”.E+W+S+N.I.

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Commencement Information

I59Sch. 8 para. 173 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(c)(viii) (subject to art. 3)

174In Schedule 1 (jury service: ineligibility, disqualification and excusal), in Group B, omit “Justices' chief executives,”.E+W+S+N.I.

Friendly Societies Act 1974 (c. 46)E+W+S+N.I.

175For section 102 (jurisdiction of magistrates' courts) substitute—E+W+S+N.I.

102Jurisdiction of magistrates' courts in Northern Ireland

(1)In Northern Ireland, a registered society or branch or any officer thereof may be prosecuted for any summary offence under this Act before a magistrates' court acting for the county court division in which the registered office of the society or branch is situated.

(2)Subsection (1) is without prejudice to the provisions of the Magistrates' Courts (Northern Ireland) Order 1981 as to the jurisdiction of a magistrates' court.

Solicitors Act 1974 (c. 47)E+W+S+N.I.

176(1)Amend section 38 (circumstances in which solicitor who is justice of the peace may not act as solicitor) as follows.E+W+S+N.I.

(2)In subsection (1), for “for any area, or for any partner of his, to act in connection with proceedings before any of those justices” substitute “ assigned to any local justice area, or for any partner of his, to act in connection with proceedings before any justice of the peace acting in that area ”.

(3)Omit subsections (2) and (3).

(4)In subsection (3A)—

(a)for “for any petty sessions” substitute “ in any local justice ”, and

(b)for “acting for” substitute “ acting in ”.

Evidence (Proceedings in Other Jurisdictions) Act 1975 (c. 34)E+W+S+N.I.

177In section 7 (rules of court)—E+W+S+N.I.

(a)for the words from “The power” to “1981 or” substitute “ Civil Procedure Rules or rules of court under ”, and

(b)for “shall include power to make rules of court under” substitute “ may make provision ”.

Salmon and Freshwater Fisheries Act 1975 (c. 51)E+W+S+N.I.

178In paragraph 14 of Schedule 4 (offences: delivery of licences and certificates of conviction), for “justices' chief executive” substitute “ designated officer ”.E+W+S+N.I.

Safety of Sports Grounds Act 1975 (c. 52)E+W+S+N.I.

179In section 17(1) (interpretation), in the definition of “the court”, omit “acting for the petty sessions area in which they are situated”.E+W+S+N.I.

Bail Act 1976 (c. 63)E+W+S+N.I.

180In section 2 (definitions), omit the definitions of “Crown Court rules”, “magistrates' courts rules” and “Supreme Court rules”.E+W+S+N.I.

181In section 3AA (electronic monitoring of compliance with bail conditions), in each of subsections (4)(a) and (12), for “petty sessions area” substitute “ local justice area ”.E+W+S+N.I.

182In section 5(10) (meaning of “prescribed” in section 5), for “Supreme Court rules, Courts-Martial Appeal rules, Crown Court rules or magistrates' courts rules” substitute “ Civil Procedure Rules, Courts-Martial Appeal rules or Criminal Procedure Rules ”.E+W+S+N.I.

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Commencement Information

I60Sch. 8 para. 182 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(c)(ix) (subject to art. 3)

183(1)Amend section 5B (reconsideration of decisions granting bail) as follows.E+W+S+N.I.

(2)In subsection (8), omit “for the petty sessions area in which he was arrested”.

(3)In subsection (9), for “Magistrates' court rules” substitute “ Criminal Procedure Rules ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I61Sch. 8 para. 183 wholly in force at 1.4.2005; Sch. 8 para. 183 not in force at Royal Assent see s. 110(1)(2); Sch. 8 para. 183(1)(3) in force at 1.9.2004 by S.I. 2004/2066, art. 2(c)(ix) (subject to art. 3); Sch. 8 para. 183(2) in force at 1.4.2005 by S.I. 2005/910, art. 3(y)

184In section 6(9)(c)(i) (certification of copy of record), for “justices' chief executive” substitute “ designated officer for the court ”.E+W+S+N.I.

185In section 7(4)(a) (appearance before justice following arrest for absconding or breaking bail conditions), omit “for the petty sessions area in which he was arrested”.E+W+S+N.I.

186(1)Amend section 8 (bail with sureties) as follows.E+W+S+N.I.

(2)In subsection (4)—

(a)in paragraph (a), for “magistrates' courts rules” substitute “ Criminal Procedure Rules ”,

(b)in paragraph (b), for “Crown Court rules” substitute “ Criminal Procedure Rules ”,

(c)in paragraph (c), for “Supreme Court rules” substitute “ Civil Procedure Rules or Criminal Procedure Rules ”, and

(d)for “Supreme Court rules, Crown Court rules, Courts-Martial Appeal rules or magistrates' courts rules” substitute “ Civil Procedure Rules, Criminal Procedure Rules or Courts-Martial Appeal rules ”.

(3)In subsection (5)(b), omit “for the petty sessions area in which he resides”.

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