- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A court before which a person is convicted of an offence under section 48 in respect of a community protection notice may make whatever order the court thinks appropriate for ensuring that what the notice requires to be done is done.
(2)An order under this section may in particular require the defendant—
(a)to carry out specified work, or
(b)to allow specified work to be carried out by or on behalf of a specified local authority.
(3)To be specified under subsection (2)(b) a local authority must be—
(a)the local authority that issued the community protection notice;
(b)if the community protection notice was not issued by a local authority, the local authority (or, as the case may be, one of the local authorities) that could have issued it.
(4)A requirement imposed under subsection (2)(b) does not authorise the person carrying out the work to enter the defendant’s home without the defendant’s consent.
But this does not prevent a defendant who fails to give that consent from being in breach of the court’s order.
(5)In subsection (4) “the defendant’s home” means the house, flat, vehicle or other accommodation where the defendant—
(a)usually lives, or
(b)is living at the time when the work is or would be carried out.
(6)If work is carried out under subsection (2)(b) and the local authority specified under that subsection issues a notice to the defaulter—
(a)giving details of the work that was carried out, and
(b)specifying an amount that is no more than the cost to the authority of having the work carried out,
the defaulter is liable to the authority for that amount (subject to the outcome of any appeal under subsection (7)).
(7)A person issued with a notice under subsection (6) may appeal to a magistrates’ court, within the period of 21 days beginning with the day on which the notice was issued, on the ground that the amount specified under subsection (6)(b) is excessive.
(8)A magistrates’ court hearing an appeal under subsection (7) must—
(a)confirm the amount, or
(b)substitute a lower amount.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: