C1F1PART 3BCourses offered as alternative to prosecution

Annotations:
Modifications etc. (not altering text)

90GPower to charge fees: England and Wales

1

A policing body may charge a fee for enrolment on an approved course offered as an alternative to prosecution in England and Wales for a specified fixed penalty offence.

2

A fee may be set at a level that exceeds the cost of an approved course and related administrative expenses, but any excess must be used for the purpose of promoting road safety.

3

The Secretary of State may by regulations make further provision about—

a

how fees, or components of fees, are to be calculated;

b

the level of fees or components of fees;

c

the use of fee income.

4

The regulations may include provision as to the amount, or maximum amount, of a fee or component of a fee.

5

In this section—

  • approved course” means a course approved (whether before or after this section comes into force) by a body specified in regulations under subsection (6);

  • fixed penalty offence” means an offence that is a fixed penalty offence for the purposes of Part 3 (see section 51);

  • policing body” means—

    1. a

      a local policing body, or

    2. b

      the British Transport Police Authority;

  • promoting road safety” includes the prevention, detection or enforcement of offences relating to vehicles;

  • prosecution”, in relation to an offence, includes any alternative way of being dealt with for the offence (other than attending an approved course);

  • specified fixed penalty offence” means an offence specified under subsection (6).

6

The Secretary of State may by regulations—

a

specify fixed penalty offences for the purposes of this section;

b

specify a body to approve courses for the purposes of this section.

7

Nothing in this section limits any power to charge fees apart from this section.

90HPower to prevent courses being offered for repeat offences: England and Wales

1

The Secretary of State may by regulations prohibit a chief officer from offering an approved course to a person as an alternative to prosecution in England and Wales for a specified fixed penalty offence where—

a

there is a course fee, and

b

the person has, within a period specified in the regulations, satisfactorily completed a similar approved course in respect of an earlier specified fixed penalty offence.

2

The regulations must include provision for the purpose of identifying what counts as a “similar” course; and that provision may, in particular, confer power on a person to determine what courses count as similar.

3

In this section “chief officer” means—

a

a chief officer of police of a police force in England and Wales, or

b

the Chief Constable of the British Transport Police Force.

4

In this section the following terms have the meaning given by section 90G(5)

  • “approved course”;

  • “prosecution”;

  • “specified fixed penalty offence”.

90IFurther provision about regulations under this Part

1

A power to make regulations under this Part is exercisable by statutory instrument.

2

A statutory instrument containing regulations made by the Secretary of State under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.

3

Regulations under this Part may include—

a

incidental or supplementary provision;

b

different provision for different purposes.