§ 1(1) This Part of 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.
(2) In this Part of 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—
§ Cases where work order may be made
§ 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—
§ (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 means as the court may require.
§ (4)Subsections (2) to (4) of section 84 of the 1980 Act (offences in respect of statement of means) apply to an order made under sub-paragraph (3) as they apply to an order made under subsection (1) of that section.
§ Provisions of order
§ 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.
§ (2) The order must also—
§ (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 Part of this Schedule "the fines officer", in relation to P, means any fines officer working at the fines office specified in the work order.1403
§ 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—
§ 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—
§ (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—
§ (2) In calculating any reduction required by sub-paragraph (l)(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—
§ (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 beer made under sub-paragraph (1) or (2).1404
§ 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—
§ (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 information
§ 13 Regulations may—
§ Lord Filkin
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 24 and do propose Amendments Nos. 24A to 24C thereto and Amendment No. 24D consequential on it:Line 6, leave out "Part of thisLine 10, leave out "Part of thisLine 67, leave out "Part of thisClause 106, Page 58, line 19, at end insert—( ) regulations under Schedule (Discharge of fines by unpaid work) relating to the prescribed hourly sum.
§ Moved, That the House do agree with the Commons in their Amendment No. 24 and do propose Amendments Nos. 24A to 24C thereto and Amendment No. 24D consequential on it.—(Lord Filkin.)
§ On Question, Motion agreed to.