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(1)Where an authorised officer of a local authority has reason to believe that a person has committed a relevant offence in the area of that authority, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a penalty in accordance with the notice.
(2)But an authorised officer may not give a notice under subsection (1) if he considers that the commission of the offence—
(a)in the case of a relevant offence falling within section 44(1)(c), also involves the commission of an offence under section 30 of the Crime and Disorder Act 1998 (c. 37), or
(b)in the case of any other relevant offence, was motivated (wholly or partly) by hostility—
(i)towards a person based upon his membership (or presumed membership) of a racial or religious group, or
(ii)towards members of a racial or religious group based on their membership of that group.
(3)In the case of a relevant offence falling within section 44(1)(f), an authorised officer may not give a notice to a person under subsection (1) in relation to the display of an advertisement unless he has reason to believe that that person personally affixed or placed the advertisement to, against or upon the land or object on which the advertisement is or was displayed.
(4)Where a person is given a notice under subsection (1) in respect of an offence—
(a)no proceedings may be instituted for that offence (or any other relevant offence arising out of the same circumstances) before the expiration of the period of fourteen days following the date of the notice, and
(b)he may not be convicted of that offence (or any other relevant offence arising out of the same circumstances) if before the expiration of that period he pays the penalty in accordance with the notice.
(5)A notice under subsection (1) must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
(6)A notice under subsection (1) must also state—
(a)the period during which, by virtue of subsection (4), proceedings will not be instituted for the offence,
(b)the amount of the penalty, and
(c)the person to whom and the address at which the penalty may be paid.
(7)Without prejudice to payment by any other method, payment of a penalty in pursuance of a notice under subsection (1) may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (6)(c) at the address so mentioned.
(8)Where a letter is sent in accordance with subsection (7) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(9)A notice under subsection (1) must be in such form as the appropriate person may by order prescribe.
F1(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 43(10)(11) repealed (16.3.2006 for W. for specified purposes, 6.4.2006 for E. and 15.3.2007 for W. in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 28(1), 108(1), 108(2)(d), Sch. 5 Pt. 3; S.I. 2006/768, art. 3;S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 4(m)
Commencement Information
I1S. 43 in force at 31.3.2004 for W. by S.I. 2004/999, art. 2(d)
I2S. 43 in force at 31.3.2004 for E. by S.I. 2004/690, art. 3(d)
(1)The amount of a penalty payable in pursuance of a notice under section 43(1)—
(a)is the amount specified by a relevant local authority in relation to its area (whether or not the penalty is payable to that or another authority), or
[F3(b)if no amount is so specified, is—
(i)in England, £100, or
(ii)in Wales, £75.]
(2) In subsection (1)(a), “ relevant local authority ” means—
(a)a district council in England;
(b)a county council in England for an area for which there is no district council;
(c)a London borough council;
(d)the Common Council of the City of London;
(e)the Council of the Isles of Scilly;
(f)a county or county borough council in Wales.
(3)The local authority to which a penalty is payable in pursuance of a notice under section 43(1) may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.
(4)The appropriate person may by regulations make provision in connection with the powers conferred under subsections (1)(a) and (3).
(5)Regulations under subsection (4) may (in particular)—
(a)require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations;
(b)restrict the extent to which, and the circumstances in which, a local authority can make provision under subsection (3).
(6)The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).]
Textual Amendments
F2S. 43A inserted (16.3.2006 for W. for specified purposes, 6.4.2006 for E. and 15.3.2007 for W. in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 28(2), 108(1), 108(2)(d); S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 4(m)
F3S. 43A(1)(b) substituted (1.4.2018) by The Environmental Offences (Fixed Penalties) (England) Regulations 2017 (S.I. 2017/1050), regs. 1(2), 7
(1)If an authorised officer of a local authority proposes to give a person a notice under section 43(1), the officer may require the person to give him his name and address.
(2)A person commits an offence if—
(a)he fails to give his name and address when required to do so under subsection (1), or
(b)he gives a false or inaccurate name or address in response to a requirement under that subsection.
(3)A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]
Textual Amendments
F4S. 43B inserted (6.4.2006 for E. and 15.3.2007 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 29, 108(1), 108(2)(d); S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 4(n)
(1)“Relevant offence” means—
(a)an offence under paragraph 10 of section 54 of the Metropolitan Police Act 1839 (c. 47) (affixing posters etc),
(b)an offence under section 20(1) of the London County Council (General Powers) Act 1954 (defacement of streets with slogans etc),
(c)an offence under section 1(1) of the Criminal Damage Act 1971 (c. 48) (damaging property etc) which involves only the painting or writing on, or the soiling, marking or other defacing of, any property by whatever means,
(d)an offence under section 131(2) of the Highways Act 1980 (c. 66) (including that provision as applied by section 27(6) of the Countryside Act 1968 (c. 41)) which involves only an act of obliteration,
(e)an offence under section 132(1) of the Highways Act 1980 (painting or affixing things on structures on the highway etc),
(f)an offence under section 224(3) of the Town and Country Planning Act 1990 (c. 8) (displaying advertisement in contravention of regulations).
(2)This section has effect for the purposes of the interpretation of section 43.
Commencement Information
I3S. 44 in force at 31.3.2004 for E. by S.I. 2004/690, art. 3(e)
I4S. 44 in force at 31.3.2004 for W. by S.I. 2004/999, art. 2(e)
[F5(1)The fixed penalty payable in pursuance of a notice under section 43(1) is payable to the local authority whose authorised officer gave the notice.]
(2)In any proceedings a certificate which—
(a)purports to be signed by or on behalf of the person responsible for the financial affairs of a local authority, and
(b)states that payment of a penalty payable in pursuance of a notice under section 43(1) was or was not received by a date specified in the certificate,
is evidence of the facts stated.
F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5S. 45(1) substituted (6.3.2007 for E., 18.1.2008 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 4 para. 14; S.I. 2007/390, art. 2(b); S.I. 2007/3371, art. 2(a)
F6S. 45(3)-(9) repealed (6.3.2007 for E., 18.1.2008 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 5 Pt. 9; S.I. 2007/390, art. 2(d); S.I. 2007/3371, art. 2(d)
Commencement Information
I5S. 45 in force at 31.3.2004 for W. by S.I. 2004/999, art. 2(f)
I6S. 45 in force at 31.3.2004 for E. by S.I. 2004/690, art. 3(f)
F7(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In paragraph 1 of Schedule 5 to that Act (powers of accredited persons to issue fixed penalty notices)—
(a)at the end of sub-paragraph (2)(b) omit “and”, and
(b)after sub-paragraph (2)(b) insert—
“(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”.
Textual Amendments
F7S. 46(1) omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 15(b); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)
Commencement Information
I7S. 46 in force at 31.3.2004 by S.I. 2004/690, art. 2(a)(i)
(1)In this section and sections 43 [F8to 43B] and 45—
“advertisement” and “land” have the meanings given by section 336(1) of the Town and Country Planning Act 1990 (c. 8),
“appropriate person” means—
in relation to England, the Secretary of State, and
in relation to Wales, the National Assembly for Wales,
[F9 “ authorised officer ”, in relation to a local authority, means—
an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under section 43(1);
any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function; and
any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices,]
“local authority” means an authority in England and Wales which is a litter authority for the purposes of section 88 of the Environmental Protection Act 1990 (c. 43),
“racial group” and “religious group” have the meanings given by section 28(4) and (5) of the Crime and Disorder Act 1998 (c. 37).
(2)Section 28(2) of the Crime and Disorder Act 1998 is to apply for the purposes of section 43(2)(b)(i) as it applies for the purposes of section 28(1)(a) of that Act.
(3)The appropriate person may issue guidance—
(a)about the exercise of the discretion to give notices under section 43(1), and
(b)about the giving of such notices.
[F10(4)The appropriate person may by regulations prescribe conditions to be satisfied by a person before a parish or community council may authorise him in writing for the purpose of giving notices under section 43(1).]
Textual Amendments
F8Words in s. 47(1) inserted (6.3.2007 for E., 18.1.2008 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 4 para. 15; S.I. 2007/390, art. 2(b); S.I. 2007/3371, art. 2(a)
F9Words in s. 47(1) substituted (16.3.2006 for W. for specified purposes, 6.4.2006 for E. and 15.3.2007 for W. in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 30(1), 108(1), 108(2)(d); S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 4(o)
F10S. 47(4) inserted (14.3.2006 for E., 16.3.2006 for W. for specified purposes and 15.3.2007 for W. in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 30(2), 108(1)(2)(d); S.I. 2006/795, art. 2(1), Sch. 1; S.I. 2006/768, art. 3; S.I. 2006/2797, art. 4(o)
Commencement Information
I8S. 47 in force at 31.3.2004 for W. by S.I. 2004/999, art. 2(g)
I9S. 47 in force at 31.3.2004 for E. by S.I. 2004/690, art. 3(g)