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Magistrates’ Courts Act 1980
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Changes over time for: Section 63
Changes to legislation:
Magistrates’ Courts Act 1980, Section 63 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by 2017 anaw 2 Sch. 3 para. 18(5)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 1(6A) inserted by 2003 c. 44 Sch. 36 para. 8(5)
- s. 1(6A) words substituted by 2015 c. 2 Sch. 11 para. 3(4) (Effect not applied as (6A) was only inserted prospectively.)
- s. 1(7A) inserted by 2003 c. 44 Sch. 36 para. 8(6)
- s. 12(2A) inserted by 2022 c. 35 s. 4(3)
- s. 12(5A)-(5F) inserted by 2022 c. 35 s. 4(6)
- s. 17A(1A) inserted by 2022 c. 35 Sch. 2 para. 6(2)(b)
- s. 17B(1A)-(1F) substituted for s. 17B(1) by 2022 c. 35 s. 9(2)(b)
- s. 17B(5) inserted by 2022 c. 35 s. 9(2)(d)
- s. 17BA inserted by 2022 c. 35 s. 7
- s. 17ZA-17ZC inserted by 2022 c. 35 s. 6(2)
- s. 18(1)-(1B) substituted for s. 18(1) by 2022 c. 35 Sch. 2 para. 6(7)(a)
- s. 18(4A)(4B) inserted by 2022 c. 35 Sch. 2 para. 6(7)(b)
- s. 18(6) inserted by 2022 c. 35 Sch. 2 para. 6(7)(c)
- s. 20(7A)(7B) inserted by 2022 c. 35 Sch. 2 para. 6(8)(c)
- s. 22(2A)-(2E) inserted by 2022 c. 35 Sch. 2 para. 6(9)(a)
- s. 22A(1A)-(1E) inserted by 2022 c. 35 s. 6(3)(b)
- s. 23(1A)-(1G) substituted for s. 23(1) by 2022 c. 35 s. 9(4)(b)
- s. 23(4A)(4B) inserted by 2022 c. 35 s. 9(4)(d)
- s. 24A(1A) inserted by 2022 c. 35 Sch. 2 para. 6(11)(b)
- s. 24BA inserted by 2022 c. 35 s. 9(5)
- s. 24ZA 24ZB inserted by 2022 c. 35 s. 8
- s. 75A inserted by 2013 c. 22 s. 26(1)
- s. 85(5) inserted by 2013 c. 22 s. 26(4)
- s. 139A inserted by 2013 c. 22 s. 26(6)
- s. 145(1A) inserted by 2010 c. 26 Sch. 3 para. 8(3) (This amendment not applied to legislation.gov.uk. Sch. 3 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))
- s. 145(1A) repealed by 2010 c. 26 Sch. 4 Pt. 2 (This amendment not applied to legislation.gov.uk. Sch. 4 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))
- Sch. 6A (entry) by 2000 c. 43 Sch. 7 para. 69
63 Orders other than for payment of money.E+W
(1)Where under any Act passed after 31st December 1879 a magistrates’ court has power to require the doing of anything other than the payment of money, or to prohibit the doing of anything, any order of the court for the purpose of exercising that power may contain such provisions for the manner in which anything is to be done, for the time within which anything is to be done, or during which anything is not to be done, and generally for giving effect to the order, as the court thinks fit.
(2)The court may by order made on complaint suspend or rescind any such order as aforesaid.
(3)Where any person disobeys an order of a magistrates’ court made under an Act passed after 31st December 1879 to do anything other than the payment of money or to abstain from doing anything the court may—
(a)order him to pay a sum not exceeding £50 for every day during which he is in default or a sum not exceeding [F1£5,000]; or
(b)commit him to custody until he has remedied his default or for a period not exceeding 2 months;
but a person who is ordered to pay a sum for every day during which he is in default or who is committed to custody until he has remedied his default shall not by virtue of this section be ordered to pay more than £1,000 or be committed for more than 2 months in all for doing or abstaining from doing the same thing contrary to the order (without prejudice to the operation of this section in relation to any subsequent default).
(4)Any sum ordered to be paid under subsection (3) above shall for the purposes of this Act be treated as adjudged to be paid by a conviction of a magistrates’ court.
(5)The preceding provisions of this section shall not apply to any order for the enforcement of which provision is made by any other enactment.
Textual Amendments
F1Word in s. 63(3)(a) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 17(3)(a), 101(1), Sch. 4 Pt.I, Sch. 12 para. 6 (with s. 28); S.I. 1992/333, art. 2(2), Sch.2
Modifications etc. (not altering text)
C1S. 63(1)-(4) applied by 2000 c. 6, Sch. 1 Pt 1A para. 9F(2) (as inserted (27.2.2004) by Criminal Justice Act 2003 (c. 44), ss. 324, 336, Sch. 34 para. 6; S.I. 2004/81, art. 5(2)(d)
C2S. 63(1)-(4) applied (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 93(7), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
C3S. 63(2) excluded by Public Order Act 1986 (c. 64, SIF 39:2), s. 33(6)
C4S. 63(2) excluded by Football Spectators Act 1989 (c. 37, SIF 45A), s. 17(6)
S. 63(2) restricted (1.10.1997) by 1996 c. 27, s. 59(3) (with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(a)
C5S. 63(1)-(4) applied by 2000 c. 6, Sch. 1 Pt 1A para. 9F(2) (as inserted (27.2.2004) by Criminal Justice Act 2003 (c. 44), ss. 324, 336, Sch. 34 para. 6; S.I. 2004/81, art. 5(2)(d)
C6S. 63(2) restricted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 73(3), 263, Sch. 6 para. 42(b); S.I. 2005/3175, art. 2, Sch. 1
C7S. 63(3) amended by Contempt of Court Act 1981 (c. 49, SIF 39:3), s. 17(1)
C8S. 63(3) extended (14.10.1991) by Children Act 1989 (c. 41, SIF 20) ss. 14(1), 108(6) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
C9S. 63(1)-(4) applied by 2000 c. 6, Sch. 1 Pt 1A para. 9F(2) (as inserted (27.2.2004) by Criminal Justice Act 2003 (c. 44), ss. 324, 336, Sch. 34 para. 6; S.I. 2004/81, art. 5(2)(d)
C10S. 63(3) applied (1.1.2023) by 1967 c. 10, s. 24B(5) (as inserted by Environment Act 2021 (c. 30), s. 147(3), Sch. 16 para. 6 (with s. 144); S.I. 2022/1266, reg. 2(d) (with reg. 3(4)))
C11S. 63(1)-(4) applied by 2000 c. 6, Sch. 1 Pt 1A para. 9F(2) (as inserted (27.2.2004) by Criminal Justice Act 2003 (c. 44), ss. 324, 336, Sch. 34 para. 6; S.I. 2004/81, art. 5(2)(d)
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