Part 4Graffiti and other defacement
Graffiti and fly-posting
I1I2I328Fixed penalty notices: amount of fixed penalty
1
In section 43 of the Anti-social Behaviour Act 2003 (c. 38) (penalty notices for graffiti and fly-posting) omit subsections (10) and (11).
2
After that section insert—
43AAmount of penalty
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
b
if no amount is so specified, is £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).