Anti-social Behaviour Act 2003

[F1 43A Amount of penalty E+W

(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

[F2 (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

F1 S. 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)

F2 S. 43A(1)(b) substituted (1.4.2018) by The Environmental Offences (Fixed Penalties) (England) Regulations 2017 (S.I. 2017/1050), regs. 1(2), 7