Police Reform Act 2002

Power to issue fixed penalty notices E+W

1 (1) An accredited person whose accreditation specifies that this paragraph applies to him shall have the powers specified in sub-paragraph (2) in relation to any individual who he has reason to believe has committed or is committing 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 offence—

(a) 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;

[F1 (aa) the powers of a constable in uniform to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (fixed penalty notices in respect of offences of disorder) except in respect of an offence under section 12 of the Licensing Act 1872 or section 91 of the Criminal Justice Act 1967;]

[F2 (ab) 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 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); F3 . . .

[F4 (ba) 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]

(c) 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 an accredited 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 (2)(a) to (c); and

(b) is specified or described in that person’s accreditation as an offence he has been accredited to enforce.

[F5 (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)(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 or is committing a relevant fixed penalty offence”.]

Textual Amendments

F1 Sch. 5 para. 1(2)(aa) inserted (31.3.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 89(5), 93; S.I. 2004/690, art. 2(b)(iv)

F2 Sch. 5 para. 1(2)(ab) inserted (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(6), 93; S.I. 2003/3300, art. 3(a)(ii)

F3 Word in Sch. 5 para. 1(2)(b) repealed (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 46(2)(a), 92, 93, Sch. 3; S.I. 2003/3300, art. 2(g)(ii)(f)

F4 Sch. 5 para. 1(2)(ba) inserted (31.3.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 46(2)(b), 93; S.I. 2004/690, art. 2(a)(i)

F5 Sch. 5 para. 1(4) inserted (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(7), 93; S.I. 2003/3300, art. 3(a)(ii)

Modifications etc. (not altering text)

C1 Sch. 5 para. 1(2)(aa) modified (1.11.2004) by The Criminal Justice and Police Act 2001 (Amendment) and Police Reform Act 2002 (Modification) Order 2004 (S.I. 2004/2540), arts. 1(4), 5