§ 94 Clause 49, page 31, line 13, leave out 'Part of this Act' and insert 'section and sections 50, (Powers to specify maximum fines for summary offences under subordinate instruments—conversion of references to amounts to references to levels on scale—England and Wales), 51, 53 and 55 below'.
§ 95 Clause 50, page 31, line 37, leave out 'maximum'.
§ 96 After clause 50, insert the following new clause:
§ Powers to specify maximum lines for summary offences under subordinate instruments—conversion of references to amounts to references to levels on scale—England and Wales
§ '.—(1) Where an instrument which was made under an enactment on or after 11th April 1983 but before this section came into force confers on any authority other than a harbour authority a power by subordinate instrument to make a person liable to a fine on conviction of a summary offence of an amount shown in the second column of the standard scale, as that scale had effect when the instrument was made, a reference to the level in the first column of the standard scale which then corresponded to that amount shall be substituted for the reference in the instrument conferring the power to the amount of the fine.
§ (2) If an order under section 143 of the Magistrates' Courts Act 1980 alters the sums specified in section 37(2) of the Criminal Justice Act 1982, the second reference to the standard scale in subsection (1) above is to be construed as a reference to that scale as it has effect by virtue of the order.
§ (3) This section shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.'.
1613§ 97 Insert the following new clause:
§ Fines on summary conviction for offences under subordinate instruments—conversion to references to levels on scale—Scotland
§
'.In the Criminal Procedure (Scotland) Act 1975, after section 289GC (which was inserted by section 52 of this Act) there shall be inserted the following section—
Fines on summary conviction for offences in subordinate instruments conversion to references to levels on scale
§ 289GD—(1) Where an instrument which was made under an enactment on or after 11th April 1983 but before the commencement of section [Fines on summary conviction for offences in subordinate instruments—conversion to references to levels on scale—Scotland] of the Criminal Justice Act 1988 confers on any authority other than a harbour authority a power by subordinate instrument to make a person on summary conviction liable to a line of an amount shown in the second column of the standard scale, as that scale had effect when the instrument was made, a reference to the level in the first column of the standard scale which then corresponded to that amount shall be substituted for the reference in the instrument conferring the power to the amount of the fine.
§ (2) This section shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.":.
§ 98 Clause 51, page 32, line 3, leave out from 'before' to 'and' in line 4 and insert 11th April 1983 (the date of the commencement of sections 35 to 50 of the Criminal Justice Act 1982).2.
§ 99 Page 32, line 5, after 'confers', insert 'on any authority other than a harbour authority'.
§ 100 Page 32, line 13, leave out 'Subject to section 53 below,'.
§ 101 Page 32, line 17, leave out £125 or less,' and insert 'less than £25,'.
§ 102 Page 32, line 18, leave out 'more than £25 but not more ' and insert 125 or more but less'.
§ 103 Page 32, line 19, leave out 'more than £50 but not more' and insert '£50 or more but less'.
§ 104 Page 32, line 20, leave out 'more than £200 but not more' and insert '£200 or more but less'.
§ 105 Page 32, line 21, leave out 'more than £400' and insert '£400 or more'.
§ 106 Clause 52, page 33, line 9, leave out from 'before' to 'and' in line 12 and insert '11th April 1983 (the date of commencement of Part IV of the Criminal Justice Act 1982);'.
§ 107 Page 33, line 13, after 'confers', insert 'on any authority other than a harbour authority'.
§ 108 Page 33, line 23, leave out 'Subject to section 53 of the Criminal Justice Act 1988,'.
§ 108A Page 33, line 22, after 'I' insert 'on the standard scale'.
§ 109 Page 33, line 28, leave out 125 or less' and insert 'less than £25,'.
§ 110 Page 33, line 29, leave out 'more than £25 but not more' and insert 125 or more but less'.
§ 111 Page 33, line 31, leave out 'more than £50 but not more' and insert '£50 or more but less.'
§ 112 Page 33, line 33, leave out 'more than £200 but not more' and insert '£200 or more but less.'
§ 113 Page 33, line 35, leave out 'more than £400' and insert '£400 or more.'
§ 114 Clause 53, page 34, line 33, after 'fine', insert 'not exceeding an amount less than level 4 on the standard scale'.
§ 115 Page 34, line 34, leave out '(if it does not otherwise so extend).'
§ 116 Page 34, line 35, leave out 'maximum fine not exceeding level 4 on the standard scale' and insert 'fine not exceeding level 4.'
§ 117 Page 34, line 36, at end insert—
§ '(2) Where any enactment or instrument ("the enabling legislation") (however expressed) provides that a person who contravenes any provision of an instrument ("a regulatory instrument") made by a harbour authority—
- (a) by virtue of the enabling legislation; or;
- (b) by virtue of an instrument made under the enabling legislation.
Earl FerrersMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 94 to 117 en bloc. This is a group of technical drafting amendments to the clauses which deal with fines under secondary subordinate legislation. I apologise for the scale and complexity of the amendments, but I assure your Lordships that they are purely technical and do not change the policy in any way.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 94 to 117.—(Earl Ferrers.)
§ On Question, Motion agreed to.
§ COMMONS AMENDMENT
§ 118 Clause 63, leave out Clause 63 and insert the following new clause:
§ 'Fines imposed and recognizances forfeited by coroners
§ (1) A fine imposed by a coroner, including a fine so imposed before this section comes into force, shall be treated for the purpose of its collection, enforcement and remission as having been imposed by the magistrate's court for the area in which the coroner's court was held, and the coroner shall as soon as practicable after imposing the fine give particulars of the fine to the clerk of that court.
§ (2) A coroner shall proceed in the like manner under subsection (1) above in relation to a recognizance forfeited at an inquest held before him, including a recognizance so forfeited before this section comes into force, as if he had imposed a fine upon the person forfeiting that recognizance, and subsection (1) above shall apply accordingly.'.
Earl FerrersMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 118. I should like also to speak to Amendment No. 423.
Clause 63 enacts provisions in Section 49 of the Criminal Justice Act 1967. Your Lordships will be aware that coroners' legislation has been consolidated this Session in a new Coroners' Act. We therefore need a slightly different version of Clause 63 from the one with which we started. Subsection (1) of the new clause is the same in substance as old Clause 63 and subsection (2) simply applies similar conditions on the forfeiture of recognizances.
§ Moved, That the House do agree with the Commons in their Amendment No. 118.—(Earl Ferrers.)
§ On Question, Motion agreed to.