Modifications etc. (not altering text)
C1Sch. 4 applied (with modifications) (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 28(1)(g)(2), 120 (with s. 72); S.I. 2004/1572, art. 3(k)
1(1)Where a designation applies this paragraph to any person, that person shall have the powers specified in sub-paragraph (2) in relation to any individual who he has reason to believe has committed a relevant fixed penalty offence at a place within the relevant police area.
(2)Those powers are the following powers so far as exercisable in respect of a relevant fixed penalty offence—
(a)the powers of a constable in uniform and of an authorised constable to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (c. 16) (fixed penalty notices in respect of offences of disorder);
[F1(aa)the power of a constable to give a penalty notice under section 444A of the Education Act 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil);]
(b)the power of a constable in uniform to give a person a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty notices) in respect of an offence under section 72 of the Highway Act 1835 (c. 50) (riding on a footway) committed by cycling;
(c)the power of an authorised officer of a local authority to give a notice under section 4 of the Dogs (Fouling of Land) Act 1996 (c. 20) (fixed penalty notices in respect of dog fouling); F2. . .
(d)the power of an authorised officer of a litter authority to give a notice under section 88 of the Environmental Protection Act 1990 (c. 43) (fixed penalty notices in respect of litter).
(3)In this paragraph “relevant fixed penalty offence”, in relation to a designated person, means an offence which—
(a)is an offence by reference to which a notice may be given to a person in exercise of any of the powers mentioned in sub-paragraph 1(2)(a) to (d); and
(b)is specified or described in that person’s designation as an offence he has been designated to enforce under this paragraph.
[F3(4)In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in sub-paragraph (2)(aa), sub-paragraph (1) shall have effect as if for the words from “who he has reason to believe” to the end there were substituted “in the relevant police area who he has reason to believe has committed a relevant fixed penalty offence”.]
Textual Amendments
F1Sch. 4 para. 1(2)(aa) inserted (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(3), 93; S.I. 2003/3300, art. 3(a)(ii)
F2Word in Sch. 4 para. 1(2)(c) repealed (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 46(1)(a), 92, 93, Sch. 3; S.I. 2003/3300, art. 2(g)(ii)(f)
F3Sch. 4 para. 1(4) inserted (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(4), 93; S.I. 2003/3300, art. 3(a)(ii)
Commencement Information
I1Sch. 4 para. 1 wholly in force at 15.11.2003; Sch. 4 para. 1 not in force at Royal Assent, see s. 108(2); Sch. 4 para. 1 (except sub-paragraph 1(2)(a)) in force at 2.12.2002 by S.I. 2002/2750, art. 2(a)(ii)(a); Sch. 4 para. 1(2)(a) in force at 15.11.2003 by S.I. 2003/2593, art. 2(d)