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Education and Skills Bill

moved Amendments Nos. 58 to 62: 58: After Clause 48, insert the following new Clause— ““Non-participation fines: interpretation (1) In this section and sections (Enforcement of non-participation fine etc: person reaching 18) to (Application of amounts recovered by virtue of section (Enforcement of non-participation fine etc: person reaching 18) or (Enforcement of non-participation fine etc: fine imposed on person aged 18 or over))— ““non-participation fine”” means a fine imposed— (a) for an offence under section 45, or (b) in respect of a failure to comply with any sentence imposed for such an offence; ““the relevant sum””, in relation to a non-participation fine, means— (a) the non-participation fine, (b) any surcharge ordered under section 161A of the Criminal Justice Act 2003 (c. 44) (surcharges) to be paid solely in relation to the offence, and (c) any costs ordered by a court to be paid by the person on whom the fine was imposed in connection with the offence or proceedings relating to the offence or any sentence imposed (including proceedings on appeal); ““relevant local education authority””, in relation to a non-participation fine, means the local education authority which issued the penalty notice under section 47 in respect of the offence to which the fine relates. (2) References in those sections to a fine being imposed are, in the case of a fine varied or confirmed on appeal, references to its being varied or confirmed.”” 59: After Clause 48, insert the following new Clause— ““Enforcement of non-participation fine etc: person reaching 18 (1) This section applies where— (a) a non-participation fine has been imposed on a person aged under 18, and (b) the relevant sum, or any part of it, remains unpaid when the person reaches the age of 18. (2) When the person reaches the age of 18, the relevant sum ceases to be enforceable as a sum adjudged to be paid by a conviction of a magistrates’ court. (3) Accordingly, after the person has reached the age of 18— (a) the normal enforcement provisions do not apply in relation to the relevant sum, and (b) the normal enforcement powers are not exercisable in relation to the relevant sum, except so far as necessary to permit current enforcement processes to be concluded. (4) Any order or warrant made or issued in relation to the non-participation fine, other than— (a) an order under section 75 of the Magistrates’ Courts Act 1980 (c. 43) (power to dispense with immediate payment), (b) an order under section 85A of that Act (variation of instalments of sum adjudged to be paid by conviction), or (c) a current enforcement process, ceases to have effect when the person reaches the age of 18. (5) A magistrates’ court may, after the person has reached the age of 18, order that payment of so much of the relevant sum as remains unpaid may be enforced as if it were a sum due to the relevant local education authority in pursuance of a judgment or order of a county court. (6) An order under subsection (5) may not be made unless— (a) the person appears to the court to have sufficient means to pay the sum forthwith, and (b) any current enforcement processes have been concluded. (7) For the purposes of this section, ““current enforcement process”” means an order or warrant mentioned in paragraph (a), (b) or (c) and any reference to its conclusion is to be read in accordance with that paragraph— (a) a warrant of control— (i) issued under section 76 of the Magistrates’ Courts Act 1980 (c. 43) (warrants of control etc) for the purpose of recovering the relevant sum (or any part of it), and (ii) by virtue of which an enforcement agent has, before the person reaches the age of 18, taken control of any goods of the person under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) (taking control of goods), is concluded when property in all goods of the person has, in accordance with paragraph 6 of that Schedule, ceased to be bound by virtue of the warrant; (b) an order in force when the person reaches the age of 18 under— (i) section 81(1)(b) of the Magistrates’ Courts Act 1980 (c. 43) (enforcement of fines imposed on young offenders), or (ii) section 137(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (power to order parent or guardian to pay fine, costs, compensation or surcharge), requiring that the relevant sum (or any part of it) be paid by a parent or guardian of the person is concluded when it is revoked; (c) an order in force when the person reaches the age of 18 under section 39 of the Criminal Justice and Immigration Act 2008 (c. 4) (youth default orders) in respect of the relevant sum (or any part of it) is concluded when it is revoked. (8) Subsection (2) does not affect the exercise of any power, or any order made, in respect of the offence before the person reached the age of 18. (9) The Lord Chancellor may by order amend subsection (4) or (7) by— (a) adding to it provision about any warrant or order that may be issued or made, or step that may be taken, in relation to a non-participation fine before the person on whom it is imposed reaches the age of 18, or (b) removing any such provision for the time being made by that subsection.”” 60: After Clause 48, insert the following new Clause— ““Enforcement of non-participation fine etc: fine imposed on person aged 18 or over (1) This section applies where a non-participation fine is imposed on a person who has reached the age of 18. (2) Payment of the relevant sum may be enforced as if it were a sum due to the relevant local education authority in pursuance of a judgment or order of a county court. (3) The relevant sum is not enforceable as a sum adjudged to be paid by a conviction of a magistrates’ court. (4) Accordingly— (a) the normal enforcement provisions do not apply in relation to the relevant sum, and (b) the normal enforcement powers are not exercisable in relation to the relevant sum. (5) But subsections (3) and (4) do not prevent a magistrates’ court, on imposing the fine, from— (a) making an order under section 75 of the Magistrates’ Courts Act 1980 (c. 43) (power to dispense with immediate payment), or (b) making an order under section 80 of that Act (application of money found on defaulter to satisfy sum adjudged) for the person to be searched before leaving the precincts of the court-house; and subsections (2) and (3) of that section apply in relation to a search in pursuance of any such order.”” 61: After Clause 48, insert the following new Clause— ““Enforcement of non-participation fine: further provisions (1) In sections (Enforcement of non-participation fine etc: person reaching 18) and (Enforcement of non-participation fine etc: fine imposed on person aged 18 or over), ““the normal enforcement provisions”” means— (a) Part 3 of the Magistrates’ Courts Act 1980 (c. 43) (satisfaction and enforcement); (b) sections 135 and 136 of that Act (committal and detention for short period); (c) section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (detention of persons aged at least 18 but under 21 for default or contempt); (d) Schedules 5 and 6 to the Courts Act 2003 (c. 39) (collection of fines etc and discharge of fines by unpaid work); and (e) section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose unpaid work requirement or curfew requirement on fine defaulter). (2) In sections (Enforcement of non-participation fine etc: person reaching 18) and (Enforcement of non-participation fine etc: fine imposed on person aged 18 or over), ““the normal enforcement powers””, in relation to any sum, means— (a) any power of a magistrates’ court or an officer of such a court— (i) to enforce payment of the sum; or (ii) which is exercisable in consequence of a default in payment of the sum or any part of it; (b) in the case of a fine imposed, varied or confirmed by a decision of any other court on an appeal, any power of that other court to enforce the decision. (3) The Lord Chancellor may by order amend subsection (1) or (2) by— (a) adding a reference to any statutory provision which relates to enforcement of fines, costs or surcharges, or to any power to enforce payment of such sums, or (b) removing a reference to any provision or power for the time being listed in that section. (4) Where— (a) a sum is payable at a time or times specified by— (i) an order under section 75 of the Magistrates’ Courts Act 1980 (c. 43) (power to dispense with immediate payment), or (ii) orders under that section and section 85A of that Act (variation of instalments of sum adjudged to be paid by conviction), and (b) the sum would (but for this subsection) be treated by virtue of section (Enforcement of non-participation fine etc: person reaching 18) or (Enforcement of non-participation fine etc: fine imposed on person aged 18 or over) as due to a local education authority in pursuance of a judgment or order of a county court, the sum is to be treated as so payable to that authority at the time or times referred to in paragraph (a) by virtue of an order of the county court under section 71(1) of the County Courts Act 1984 (c. 28) (satisfaction of judgments and orders for payment of money).”” 62: After Clause 48, insert the following new Clause— ““Application of sums recovered by virtue of section (Enforcement of non- participation fine etc: person reaching 18) or (Enforcement of non-participation fine etc: fine imposed on person aged 18 or over) (1) The Lord Chancellor may by regulations make provision as to the application of amounts recovered by local education authorities by virtue of sections (Enforcement of non-participation fine etc: person reaching 18) and (Enforcement of non-participation fine etc: fine imposed on person aged 18 or over). (2) Any such regulations must make provision for securing that any such amount recovered, so far as not— (a) attributable to county court enforcement costs, or (b) paid to a magistrates’ court, or to an officer of such a court, is repaid to the person on whom the non-participation fine to which it relates was imposed (or other person who paid the amount). (3) Regulations under this section may make provision, in particular, as to— (a) the extent to which amounts recovered by virtue of section (Enforcement of non-participation fine etc: person reaching 18) or (Enforcement of non-participation fine etc: fine imposed on person aged 18 or over) are attributable to county court enforcement costs; (b) further payments, or repayments, to be made in consequence of any appeal, or of any remission or variation of a non-participation fine or any other amount required to be paid. (4) In this section, ““county court enforcement costs”” in relation to a non-participation fine means costs incurred by a local education authority in connection with the recovery of the relevant sum in a county court.”” On Question, amendments agreed to. Clause 53 [Financial penalties]: