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).