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Effect of order on enforcement of payment

 

  4       (1)      Where a work order has been made in respect of the relevant sum,

 

payment of that sum may not be enforced against P unless the order is

 

revoked.

 

          (2)      On making a work order, the court must revoke any order relating to the

 

enforcement of the payment of the relevant sum.

 

Appointment of, and duties of, supervisor

 

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

 

          (2)      It is the duty of the supervisor—

 

              (a)             to monitor P’s compliance with the requirements of the work

 

order, and

 

              (b)             to provide the court with such information as the court may

 

require relating to P’s compliance with those requirements.

 

Obligations of person subject to work order, and effect of compliance

 

  6       (1)      Where a work order is in force, P must perform for the number of hours

 

specified in the order such work, at such places and at such times as he

 

may be instructed by the fines officer.

 

          (2)      The fines officer must ensure, as far as practicable, that any instructions

 

given to P in pursuance of the work order are such as to avoid—

 

              (a)             any conflict with P’s religious beliefs, and

 

              (b)             any interference with the times, if any, at which he normally

 

works or attends school or any other educational establishment.

 

          (3)      If not later than the specified date P performs work in accordance with

 

the instructions of the fines officer for the specified number of hours, his

 

liability to pay the relevant sum is discharged.

 

Effect of payment

 

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

 

              (a)             on payment of the whole of the sum to any person authorised to

 

receive it, the work order ceases to have effect, and

 

              (b)             on payment of part of the sum to any such person, the number of

 

hours specified in the order is to be taken to be reduced by a

 

proportion corresponding to that which the part paid bears to the

 

whole of the relevant sum.

 

          (2)      In calculating any reduction required by sub-paragraph (1)(b), any

 

fraction of an hour is to be disregarded.

 

Revocation or variation of order

 

  8       (1)      If, on the application of the fines officer, it appears to the relevant court

 

that P is failing or has failed to comply with a work order without

 

reasonable excuse, the court must revoke the order.

 

          (2)      If, on the application of the fines officer, it appears to the relevant court—

 

              (a)             that P has failed to comply with a work order but has a

 

reasonable excuse for the failure, or


 
 

    (  23  )

 
 

              (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 done

 

  9       (1)      If it appears to the court revoking a work order under paragraph 8(1), (2)

 

or (3) that P has performed at least one hour of unpaid work in

 

accordance with the instructions of the fines officer, the court must by

 

order specify the number of hours of work that have been performed;

 

and for this purpose any fraction of an hour is to be disregarded.

 

          (2)      Where the court has specified a number of hours under this paragraph,

 

P’s liability to pay the relevant sum is discharged to the extent of the

 

prescribed hourly sum in respect of each hour.

 

Effect of revocation

 

  10      (1)      Where a work order is revoked under paragraph 8(1), (2) or (3),

 

immediate payment of the relevant sum (subject to any reduction under

 

paragraph 9(2)) may be enforced against P.

 

          (2)      Sub-paragraph (1) does not limit the court’s power, on or after the

 

revocation of the work order, to allow time for payment or to direct

 

payment by instalments.

 

Order not directly enforceable

 

  11       The obligations of P under a work order are not enforceable against him

 

except by virtue of paragraph 10(1).

 

Evidence of supervisor

 

  12      (1)      This paragraph applies where—

 

              (a)             it falls to a court to determine whether P has performed unpaid

 

work in accordance with a work order, and

 

              (b)             the court is satisfied—

 

                    (i)                   that the supervisor is likely to be able to give evidence

 

that may assist the court in determining that matter, and

 

                    (ii)                  that the supervisor will not voluntarily attend as a

 

witness.

 

          (2)      The court may issue a summons directed to that person requiring him to

 

attend before the court at the time and place appointed in the summons

 

to give evidence.


 
 

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Provision of information

 

  13       Regulations may—

 

              (a)             require a work order to contain prescribed information,

 

              (b)             require the court making a work order to give a copy of the order

 

to such persons as may be prescribed, and

 

              (c)             require the court revoking or varying a work order to give notice

 

of the revocation or variation to such persons as may be

 

prescribed.”

Schedule 7

25

Page 114, line 40, leave out from beginning to second “for” in line 41 and insert—

 

  “220        (1)         Amend section 82 (restriction on power to impose imprisonment for

 

default) as follows.

 

          (2)         After subsection (4A) insert—

 

              “(4B)                The cases in which the offender’s default may be regarded for the

 

purposes of subsection (4)(b)(i) as being attributable to his wilful

 

refusal or culpable neglect include any case in which—

 

                    (a)                   he has refused, otherwise than on reasonable grounds, to

 

consent to a work order proposed to be made under

 

Schedule (Discharge of fines by unpaid work) to the Courts

 

Act 2003 (discharge of fines by unpaid work), or

 

                    (b)                   he has without reasonable excuse failed to comply with

 

such an order.”

 

          (3)         In subsection (5A),”

26

Page 114, line 44, at end insert—

 

  “221A        (1)         Amend section 85 (power to remit fine) as follows.

 

          (2)         After subsection (2A) insert—

 

              “(2B)                Where the court remits the whole or part of the fine after a work

 

order has been made under Schedule (Discharge of fines by unpaid

 

work) to the Courts Act 2003 (discharge of fines by unpaid work),

 

it shall also reduce the number of hours specified in the order by

 

a number which bears the same proportion as the amount

 

remitted bears to the whole sum or, as the case may be, shall

 

revoke the order”.

 

          (3)         In subsection (3), leave out “or (2A)” and insert “, (2A) or (2B)”.”

27

Page 132, line 27, at end insert—

 

          “371A(1)         Amend Schedule 2 (police authorities established under section 3) as

 

follows.

 

          (2)         In paragraph 1(1)(c) and (2)(c), for “magistrates” substitute “lay justices”.

 

          (3)         For paragraphs 7 and 8 substitute—

 

          “7                  The members of a police authority referred to in paragraph

 

1(1)(c) or (2)(c) must be lay justices each of whom is assigned

 

to a local justice area wholly or partly within the authority’s

 

area.

 

          8                  They shall be appointed—


 
 

    (  25  )

 
 

                      (a)                     by the members of the police authority appointed

 

under paragraph 2 or 5,

 

                      (b)                     from among persons on a short-list prepared in

 

accordance with Schedule 3A.”

 

          (4)         In paragraph 14(1)—

 

              (a)             in paragraph (b) for “magistrate” substitute “lay justice”, and

 

              (b)             in paragraph (c) after “Schedule 3” insert “or 3A”.

 

          (5)         For paragraph 18(2) substitute—

 

                           “(2)                  A lay justice appointed to be a member of a police authority

 

under paragraph 8 shall cease to be a member of the authority

 

if he ceases to be a lay justice assigned to a local justice area

 

wholly or partly within the authority’s area.”

 

          (6)         In paragraph 19(2)—

 

              (a)             in paragraph (a), omit “or 8”, and

 

              (b)             in paragraph (b), after “5” insert “or 8”.

 

          (7)         For paragraph 27 substitute—

 

          “27                  In this Schedule, “lay justice” has the meaning given by section

 

9 of the Courts Act 2003.”

 

          371B(1)         Amend Schedule 2A (the Metropolitan Police Authority) as follows.

 

          (2)         In paragraph 1(1)(c) and (2)(c), for “magistrates” substitute “lay justices”.

 

          (3)         For paragraph 5 substitute—

 

          “5                 (1)                  The members of the Metropolitan Police Authority referred to

 

in paragraph 1(1)(c) or (2)(c) must be lay justices each of whom

 

is assigned to a local justice area wholly or partly within the

 

metropolitan police district.

 

                           (2)                  They shall be appointed—

 

                      (a)                     by the members of the Metropolitan Police Authority

 

appointed under paragraph 2 or 3,

 

                      (b)                     from among persons on a short-list prepared in

 

accordance with Schedule 3A.”

 

          (4)         In paragraph 9(1)(d) for “magistrate for a commission area” substitute

 

“lay justice assigned to a local justice area”.

 

          (5)         For paragraph 13(3) substitute—

 

                           “(3)                  A lay justice appointed to be a member of the Metropolitan

 

Police Authority under paragraph 5 shall cease to be a member

 

of the Authority if he ceases to be a lay justice assigned to a

 

local justice area wholly or partly within the metropolitan

 

police district.”

 

          (6)         In paragraph 14(2)—

 

              (a)             in paragraph (a), omit “or 5”, and

 

              (b)             in paragraph (b), after “3” insert “or 5”.

 

          (7)         For paragraph 22 substitute—

 

          “22                  In this Schedule, “lay justice” has the meaning given by section

 

9 of the Courts Act 2003.”

 

          371C(1)         Amend Schedule 3 (police authorities: selection of independent

 

members) as follows.


 
 

    (  26  )

 
 

          (2)         In paragraph 1(1), after paragraph (b) insert—

 

                            “for the purposes of paragraph 5 of Schedule 2 and paragraph

 

3(3) of Schedule 2A.”

 

          (3)         After paragraph 1(4) insert—

 

                      “(5)                        In this Schedule “selection panel” means a selection

 

panel established under this Schedule.”

 

  371D          After Schedule 3 insert—

 

“schedule 3a

 

Police authorities: selection of lay justice members

 

Lay justice selection panels

 

          1                (1)               There shall be a selection panel—

 

                      (a)                     for each police area for the time being listed in

 

Schedule 1, and

 

                      (b)                     for the police area constituted by the metropolitan

 

police district,

 

                                             for the purposes of paragraph 8 of Schedule 2 and paragraph

 

5 of Schedule 2A.

 

                           (2)               Each selection panel shall consist of three members, one of

 

whom shall be appointed by each of the following—

 

                      (a)                     the designated members of the police authority for the

 

area;

 

                      (b)                     the Secretary of State;

 

                      (c)                     the two members of the panel appointed by virtue of

 

paragraphs (a) and (b).

 

                           (3)               A designated member may be appointed as a member of a

 

selection panel by virtue of paragraph (a) (but not paragraph

 

(b) or (c)) of sub-paragraph (2).

 

                           (4)               In this Schedule, “designated member” means a member

 

appointed under paragraph 2 or 5 of Schedule 2 or paragraph

 

2 or 3 of Schedule 2A.

 

                           (5)               Subject to paragraph 3, in this Schedule “selection panel”

 

means a selection panel established under this Schedule.

 

          2                 A person shall be disqualified for being appointed as or being

 

a member of a selection panel if, by virtue of paragraph 11 of

 

Schedule 2 or paragraph 7 of Schedule 2A he is disqualified—

 

                      (a)                     for being appointed under paragraph 8 of Schedule 2

 

or paragraph 5 of Schedule 2A as a member of the

 

police authority for the panel’s area, or

 

                      (b)                     for being a member so appointed.

 

          3                 Paragraphs 3 to 7 of Schedule 3 apply in relation to selection

 

panels established under this Schedule as they apply in

 

relation to selection panels established under that Schedule.


 
 

    (  27  )

 
 

Functions of lay justice selection panels

 

          4                (1)               Where appointments of lay justices to a police authority are to

 

be made under paragraph 8 of Schedule 2 or paragraph 5 of

 

Schedule 2A, the selection panel for the authority’s area shall

 

prepare a short-list of candidates and send it to the police

 

authority concerned.

 

                           (2)               Unless the selection panel are able to identify only a smaller

 

number of suitable candidates, the number of candidates on

 

the short-list shall be twice the number of appointments to be

 

made.

 

                           (3)               A lay justice shall not be included on a short-list in relation to

 

an authority if he is disqualified for being appointed as a

 

member of that authority by virtue of paragraph 11 of

 

Schedule 2 or paragraph 7 of Schedule 2A.

 

          5                (1)               The Secretary of State may make regulations as to—

 

                      (a)                     the procedures to be followed in relation to the

 

selection of lay justices for inclusion on a short-list

 

under paragraph 2, and

 

                      (b)                     the conduct of the proceedings of selection panels

 

under this Schedule.

 

                           (2)               Regulations under this paragraph may in particular—

 

                      (a)                     make provision (including provision imposing time

 

limits) as to the procedures to be adopted when

 

inviting applications for inclusion on a short-list under

 

paragraph 4 and for dealing with applications

 

received, and

 

                      (b)                     provide for decisions of a selection panel under this

 

Schedule to be taken by a majority of the members.

 

                           (3)               Regulations under this paragraph may make different

 

provision for different cases and circumstances.

 

                           (4)               A statutory instrument containing regulations under this

 

paragraph shall be subject to annulment in pursuance of a

 

resolution of either House of Parliament.

 

Procedure if too few candidates short-listed

 

          6                (1)               This paragraph applies where the number of persons on the

 

lay justice selection panel’s short-list is less than twice the

 

number of appointments to be made.

 

                           (2)               The designated members may add to the short-list such

 

number of candidates as, when added to the number short-

 

listed by the selection panel, equals twice the number of

 

appointments to be made.””

28

Page 133, line 6, at end insert—

 

“National Minimum Wage Act 1998 (c. 39)

 

  376A         After section 45 of the National Minimum Wage Act 1998 insert—


 
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