C1F1PART 3BCourses offered as alternative to prosecution
Pt. 3B: power to amend conferred (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 89(3), 208(1); S.I. 2022/1075, reg. 3(f)
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—
- a
a local policing body, or
- b
the British Transport Police Authority;
- a
“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
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.
Pt. 3B inserted (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 89(1), 208(1); S.I. 2022/1075, reg. 3(f)