Police Reform Act 2002

Powers to issue fixed penalty notices E+W

1 (1) Where a designation applies this paragraph to any person, that person shall have the powers specified in sub-paragraph (2) in relation to any individual who he has reason to believe has committed a relevant fixed penalty offence at a place within the relevant police area.

(2) Those powers are the following powers so far as exercisable in respect of a relevant fixed penalty offence—

(a) the powers of a constable F1 ... to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (c. 16) (fixed penalty notices in respect of offences of disorder);

[F2 (aa) the power of a constable to give a penalty notice under section 444A of the Education Act 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil);]

[F3 (ab) the power of a constable to give a penalty notice under section 105 of the Education and Inspections Act 2006 (penalty notice in respect of presence of excluded pupil in public place);]

(b) the power of a constable in uniform to give a person a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty notices) in respect of an offence [F4 listed in sub-paragraph (2B)] under section 72 of the Highway Act 1835 (c. 50) (riding on a footway) committed by cycling;

(c) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (ca) the power of an authorised officer of a local authority to give a notice under section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices in respect of graffiti or fly-posting); F7 ...]

[F8 (cb) the power of an authorised officer of a borough council to give a notice under section 15 of the London Local Authorities Act 2004 in respect of an offence under section 38(1) of the London Local Authorities Act 1990 or section 27(1) of the City of Westminster Act 1999 (unlicensed street trading);]

(d) the power of an authorised officer of a litter authority to give a notice under section 88 of the Environmental Protection Act 1990 (c. 43) (fixed penalty notices in respect of litter)[F9 and

(e) the power of an authorised officer of a primary or secondary authority, within the meaning of section 59 of the Clean Neighbourhoods and Environment Act 2005, to give a notice under that section (fixed penalty notices in respect of offences under dog control orders).]

[F10 (2A) The reference to the powers mentioned in sub-paragraph (2)(a) does not include those powers so far as they relate to an offence under the provisions in the following list—

• section 1 of the Theft Act 1968,

• section 87 of the Environmental Protection Act 1990.]

[F11 (2B) The offences referred to in sub-paragraph (2)(b) are—

(a) an offence under section 72 of the Highway Act 1835 (riding on a footway) committed by cycling;

(b) an offence under section 5(1) or 8(1) of the Road Traffic Regulation Act 1984 involving a contravention of a prohibition or restriction that relates to—

(i) stopping, waiting or parking at or near a school entrance,

(ii) one-way traffic on a road, or

(iii) lanes or routes for use only by cycles, only by buses or only by cycles and buses;

(c) an offence under section 24 of the Road Traffic Act 1988 (more than one person on a one-person bicycle);

(d) an offence under section 35 of that Act (failing to comply with traffic directions) committed by the rider of a cycle;

(e) an offence under section 36 of that Act (failing to comply with traffic signs) committed by the rider of a cycle who fails to comply with the indication given by a red traffic light;

(f) an offence under section 42 of that Act of contravening or failing to comply with a construction or use requirement about—

(i) lighting equipment or reflectors for cycles,

(ii) the use on a road of a motor vehicle in a way that causes excessive noise,

(iii) stopping the action of a stationary vehicle’s machinery,

(iv) the use of a vehicle’s horn on a road while the vehicle is stationary or on a restricted road at night, or

(v) opening a vehicle’s door on a road so as to injure or endanger a person;

(g) an offence under section 163 of that Act (failing to stop vehicle or cycle when required to do so by constable or traffic officer).]

[F12 (2C) Before a chief officer of police makes a designation applying this paragraph to any person and specifying or describing an offence listed in sub-paragraph (2B)(b)(i), the officer shall consult every local authority any part of whose area lies within the officer’s police area.]

[F12 (2D) In paragraph (2C) “local authority” means—

(a) in relation to England, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; and

(b) in relation to Wales, a county council or a county borough council.]

(3) In this paragraph “relevant fixed penalty offence”, in relation to a designated person, means an offence which—

(a) is an offence by reference to which a notice may be given to a person in exercise of any of the powers mentioned in [F13 sub-paragraph (2)(a) to (e)] ; and

(b) is specified or described in [F14 a designation by which this paragraph is applied to the designated person as an offence which the designated person] has been designated to enforce under this paragraph.

[F15 (3A) For the purposes of paragraph (e) of section 64A(1B) of the Police and Criminal Evidence Act 1984 (photographing of suspects in relation to fixed penalty offences) “relevant fixed penalty offence”, in relation to a designated person, includes an offence under a relevant byelaw within the meaning of paragraph 1ZA(4) (and, accordingly, the reference in that paragraph (e) to paragraph 1 of this Schedule includes a reference to paragraph 1ZA of this Schedule).]

[F16 (4) In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in sub-paragraph (2)(aa) [F17 or (ab)] , sub-paragraph (1) shall have effect as if for the words from “who he has reason to believe” to the end there were substituted “in the relevant police area who he has reason to believe has committed a relevant fixed penalty offence”.]

[F18 (5) In this paragraph “cycle” has the same meaning as in the Road Traffic Act 1988 (see section 192(1) of that Act).]

Textual Amendments

F1 Words in Sch. 4 para. 1(2)(a) omitted (8.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 23 para. 14(3); S.I. 2013/453, art. 4(e)

F2 Sch. 4 para. 1(2)(aa) inserted (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(3), 93; S.I. 2003/3300, art. 3(a)(ii)

F3 Sch. 4 para. 1(2)(ab) inserted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 107(2), 188; S.I. 2007/1801, art. 4(h)

F4 Words in Sch. 4 para. 1(2)(b) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 10 para. 2(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 22

F5 Sch. 4 para. 1(2)(c) repealed (6.4.2006 for E. and 15.3.2007 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 107, 108, Sch. 5 Pt. 5; S.I. 2006/795, art. 2(3), Sch. 2 (with art. 4(3)(b)); S.I. 2006/2797, art. 5(g) (with art. 10(3)(b)) (as amended (30.1.2007) by S.I. 2007/120, art. 3); S.I. 2007/702

F6 Sch. 4 para. 1(2)(ca) inserted (31.3.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 46(1)(b), 93; S.I. 2004/690, art. 2(a)(i)

F7 Word in Sch. 4 para. 1(2)(ca) repealed (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 102 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(k)(ii)

F8 Sch. 4 para. 1(2)(cb) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 10 para. 2(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 22

F9 Sch. 4 para. 1(2)(e) and preceding word inserted (6.4.2006 for E. and 15.3.2007 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 62(2), 108; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 4(x); S.I. 2007/739

F10 Sch. 4 para. 1(2A) inserted (1.7.2005 for certain purposes and 1.8.2005 otherwise) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122(3)(a), 178; S.I. 2005/1521, art. 3(1)(h); S.I. 2005/2026, art. 2(d)

F11 Sch. 4 para. 1(2B) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 10 para. 2(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 22

F12 Sch. 4 para. 1(2C)(2D) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 10 para. 3 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 22

F13 Words in Sch. 4 para. 1(3)(a) substituted (27.1.2010) for the words "sub-paragraph 1(2)(a) to (d)" by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 135, 245, Sch. 6 para. 4(1); S.I. 2010/112, art. 2(g)

F14 Words in Sch. 4 para. 1(3)(b) substituted (1.12.2007) by Police and Justice Act 2006 (c. 48), ss. 9, 53, Sch. 5 para. 5(2)(b); S.I. 2007/3203, art. 2(c)

F15 Sch. 4 para. 1(3A) inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 133(2)(a), 245; S.I. 2010/112, art. 2(e)

F16 Sch. 4 para. 1(4) inserted (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(4), 93; S.I. 2003/3300, art. 3(a)(ii)

F17 Words in Sch. 4 para. 1(4) inserted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 107(3), 188; S.I. 2007/1801, art. 4(h)

F18 Sch. 4 para. 1(5) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 10 para. 2(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 22

Modifications etc. (not altering text)

C1 Sch. 4 para. 1 applied in part (1.12.2007) by The Police Reform Act 2002 (Standard Powers and Duties of Community Support Officers) Order 2007 (S.I. 2007/3202), art. 2, Sch.

C2 Sch. 4 para. 1(2)(a) modified (1.11.2004) by The Criminal Justice and Police Act 2001 (Amendment) and Police Reform Act 2002 (Modification) Order 2004 (S.I. 2004/2540), arts. 1(4), 4

Commencement Information

I1 Sch. 4 para. 1 wholly in force at 15.11.2003; Sch. 4 para. 1 not in force at Royal Assent, see s. 108(2); Sch. 4 para. 1 (except sub-paragraph 1(2)(a)) in force at 2.12.2002 by S.I. 2002/2750, art. 2(a)(ii)(a); Sch. 4 para. 1(2)(a) in force at 15.11.2003 by S.I. 2003/2593, art. 2(d)