(1)If a form for a fixed penalty notice is specified in an order made by the Secretary of State, a fixed penalty notice must be in that form.
(2)If a fixed penalty notice is given to a person in respect of noise emitted from a dwelling in any period specified in a warning notice—
(a)no further fixed penalty notice may be given to that person in respect of noise emitted from the dwelling during that period, but
(b)that person may be convicted of a further offence under section 4 in respect of noise emitted from the dwelling after the fixed penalty notice is given and before the end of that period.
(3)The Secretary of State may from time to time by order amend section 8(8) so as to change the amount of the fixed penalty payable under that section.
[F1(4)Sums received by a local authority under section 8 must be paid to the Secretary of State.]
[F1(4)A local authority may use any sums it receives under section 8 (its “penalty receipts”) only for the purposes of functions of its that are qualifying functions.
(4A)The following are qualifying functions for the purposes of this section—
(a)functions under this Act, and
(b)functions of a description specified in regulations made by the Secretary of State.
(4B)Regulations under subsection (4A)(b) may (in particular) have the effect that a local authority may use its penalty receipts for the purposes of any of its functions.
(4C)A local authority must supply the Secretary of State with such information relating to the use of its penalty receipts as the Secretary of State may require.
(4D)The Secretary of State may by regulations—
(a)make provision for what a local authority is to do with its penalty receipts—
(i)pending their being used for the purposes of qualifying functions of the authority;
(ii)if they are not so used before such time after their receipt as may be specified by the regulations;
(b)make provision for accounting arrangements in respect of a local authority’s penalty receipts.
(4E)The provision that may be made under subsection (4D)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the Secretary of State) other than the local authority.
(4F)Before making regulations under this section, the Secretary of State must consult—
(a)the local authorities to which the regulations are to apply, and
(b)such other persons as the Secretary of State considers appropriate.]
(5)In proceedings for an offence under section 4, evidence that payment of a fixed penalty was or was not made before the end of any period may be given by the production of a certificate which—
(a)purports to be signed by or on behalf of the person having responsibility for the financial affairs of the local authority, and
(b)states that payment of a fixed penalty was made on any date or, as the case may be, was not received before the end of that period.
Extent Information
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 14; see 14(4)
Textual Amendments
F1S. 9(4)-(4F) substituted for s. 9(4) (E.W.) (31.3.2004 for W., 31.3.2004 for E.) by Anti-social Behaviour Act 2003 (c. 38), ss. 42(5), 93; S.I. 2004/690, art. 3(c); S.I. 2004/999, art. 2(c); S.I. 2004/690, art. 3(c); S.I. 2004/999, art. 2(c)
Commencement Information
I1S. 9 wholly in force at 1.9.1997; s. 9 not in force at Royal Assent see s. 14(2); s. 9 in force at 23.7.1997 for England and Wales by S.I. 1997/1695, art. 2 and 1.9.1997 for Northern Ireland by S.R. 1997/366, art. 2