2

Any order made under paragraph (1) in relation to an offence may make provision for the fixed penalty for the offence to be different depending on the circumstances, including (in particular)–

a

the nature of the contravention constituting the offence;

b

how serious it is;

c

the area, or sort of place, where it takes place; and

d

whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.