Modifications etc. (not altering text)
C1Pt. 1 Ch. 1 extended (15.11.2003) by Police Reform Act 2002 (c. 30), ss. 38, 108, Sch. 4 para. 1(2)(a); S.I. 2003/2593, art. 2(d)
C2Pt. 1 Ch. 1 modified (26.12.2004) by The Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004 (S.I. 2004/3166), art. 6
(1)A constable who has reason to believe that a person aged [F110] or over has committed a penalty offence may give him a penalty notice in respect of the offence.
(2)Unless the notice is given in a police station, the constable giving it must be in uniform.
(3)At a police station, a penalty notice may be given only by an authorised constable.
(4)In this Chapter “penalty notice” means a notice offering the opportunity, by paying a penalty in accordance with this Chapter, to discharge any liability to be convicted of the offence to which the notice relates.
(5)“Authorised constable” means a constable authorised, on behalf of the chief officer of police for the area in which the police station is situated, to give penalty notices.
[F2(6)The Secretary of State may by order—
(a)amend subsection (1) by substituting for the age for the time being specified in that subsection a different age which is not lower than 10, and
(b)if that different age is lower than 16, make provision as follows—
(i)where a person whose age is lower than 16 is given a penalty notice, for a parent or guardian of that person to be notified of the giving of the notice, and
(ii)for that parent or guardian to be liable to pay the penalty under the notice.
(7)The provision which may be made by virtue of subsection (6)(b) includes provision amending, or applying (with or without modifications), this Chapter or any other enactment (whenever passed or made).
(8)The power conferred by subsection (6) is exercisable by statutory instrument.
(9)No order shall be made under subsection (6) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.]
Textual Amendments
F1Word in s. 2(1) substituted (26.12.2004) by The Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004 (S.I. 2004/3166), art. 2
F2S. 2(6)-(9) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 87(3), 93; S.I. 2003/3300, art. 2(f)(iii)