Part 4Fixed penalties

17Levels of fixed penalties

(1)

It shall be the duty of the borough councils to set the levels of fixed penalties payable to them under section 16 (Fixed penalty notices) of this Act.

(2)

Different levels may be set for different areas in Greater London and for different cases or classes of case.

(3)

In setting the level of fixed penalty under subsection (1) above the councils may take account of—

(a)

any reasonable costs or expected costs incurred or to be incurred in connection with the administration of the provisions of the enactment under which the particular fixed penalty offence is created; and

(b)

the cost or expected cost of enforcing the provisions of the relevant enactment.

(4)

Levels of fixed penalties set by the councils in accordance with this section may only come into force in accordance with section 18 (Fixed penalties: reserve powers of Secretary of State) of this Act.

(5)

The councils shall publish, in such manner as the Secretary of State may determine, the levels of fixed penalties which have been set by the councils in accordance with this section.

(6)

The functions conferred on councils by subsections (1) and (5) above shall be discharged by the joint committee.

(7)

In this section, and the said section 18, “the joint committee” means any joint committee established under section 101(5) of the Local Government Act 1972 (c. 70) and comprising at least one member from each borough council.

The joint committee is to be formed before the end of the period of six months commencing on the date on which this Act is passed.