§ 11 Leave out Clause 15 and insert the following new clause:
§ "Enforcement of fines imposed by certain superior courts
§ 15.—(1) Payment of a fine for contempt of court imposed by a superior court, other than the Crown Court or one of the courts specified in subsection (4) below, may be enforced upon the order of the court—
- (a) in like manner as a judgment of the High Court for the payment of money; or
- (b) in like manner as a fine imposed by the Crown Court.
§ (2) Where payment of a fine imposed by any court falls to be enforced as mentioned in paragraph (a) of subsection (1)—
- (a) the court shall, if the fine is not paid in full forthwith or within such time as the court may allow, certify to Her Majesty's Remembrancer the sum payable;
- (b) Her Majesty's Remembrancer shall thereupon proceed to enforce payment of that sum as if it were due to him as a judgment debt; and
- (c) any payment received in respect of the fine shall be dealt with by him in the manner for the time being prescribed under section 28 of the Fines Act 1833 for receipts within that section.
§ (3) Where payment of a fine imposed by any court falls to be enforced as mentioned in paragraph (b) of subsection (1), the provisions of sections 31 and 32 of the Powers of Criminal Courts Act 1973 shall apply as they apply to a fine imposed by the Crown Court.
§ (4) Subsection (1) of this section does not apply to fines imposed by the criminal division of the Court of Appeal or by the House of Lords on appeal from that division.
§ (5) The Fines Act 1833 shall not apply to a fine to which subsection (1) of this section applies.
§ (6) Paragraph 23(1) of Schedule 11 to the Employment Protection (Consolidation) Act 1978 and paragraph 30 of Schedule 1 to the Employment Act 1980 (which relate to the enforcement of fines imposed by the Employment Appeal Tribunal) are repealed".
§ Lord Mackay of ClashfernMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 11. This new clause was a Government 259 amendment in another place to replace the existing Clause 15 with a more flexible provision allowing for alternative methods of enforcing fines for contempt of court imposed by superior courts. Clause 15 in the Bill as printed enables fines for contempt imposed by superior courts to be enforced through magistrates' courts by means of the machinery originally laid down in the Criminal Justice Act 1967 and now provided by the Powers of Criminal Courts Act 1973 for the enforcement of fines imposed by the Crown Court. The new clause provides in the alternative for enforcement by way of High Court execution which might be more appropriate and effective in certain cases.
§ Moved, That this House doth agree with the Commons in the said amendment.—(Lord Mackay of Clashfern.)
§ On Question, Motion agreed to.