SCHEDULE 4Powers exercisable by police civilians
Part 1Community Support Officers
Powers to issue fixed penalty notices
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);
F2(ab)
the power of a constable to give a penalty notice under section 105 of the Education and Inspections Act 2006 (penalty notice in respect of presence of excluded pupil in public place);
(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)
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(ca)
the power of an authorised officer of a local authority to give a notice under section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices in respect of graffiti or fly-posting); and
(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)F5 and
(e)
the power of an authorised officer of a primary or secondary authority, within the meaning of section 59 of the Clean Neighbourhoods and Environment Act 2005, to give a notice under that section (fixed penalty notices in respect of offences under dog control orders).
F6(2A)
The reference to the powers mentioned in sub-paragraph (2)(a) does not include those powers so far as they relate to an offence under the provisions in the following list—
section 1 of the Theft Act 1968,
section 87 of the Environmental Protection Act 1990.
(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 F7(2)(a) to (e) ; and
(b)
is specified or described in that person’s designation as an offence he has been designated to enforce under this paragraph.
F8(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) F9or (ab) , 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”.