(1)An enforcement authority for a relevant offence or a constable must take into account the matters mentioned in subsection (2) in deciding—
(a)whether to issue a fixed penalty notice to a person under section 1 or 2, and
(b)the amount to be specified in the notice.
(2)The matters are—
(a)the seriousness of the conduct to which the proposed notice relates (the “relevant conduct”);
(b)the duration of the relevant conduct;
(c)any evidence of intention behind the relevant conduct;
(d)any evidence of previous acts or omissions by the person similar to the relevant conduct;
(e)any action taken by the person to eliminate or reduce any risk of harm resulting from the relevant conduct;
(f)any action taken by the person to remedy or mitigate any harm resulting from the relevant conduct;
(g)whether the person reported the relevant conduct to the enforcement authority or constable;
(h)the conduct of the person after the relevant conduct is drawn to their attention by the enforcement authority or constable.
(3)The Secretary of State must give guidance about—
(a)additional matters to be taken into account in deciding whether to issue a fixed penalty notice;
(b)additional matters to be taken into account in deciding the amount to be specified in the notice;
(c)how the matters mentioned in subsection (2) and any additional matters of the kind mentioned in paragraph (a) or (b) are to be taken into account.
(4)The guidance must be laid before Parliament after it is given.
(5)An enforcement authority for a relevant offence or constable must have regard to the guidance.