Local Government and Public Involvement in Health Bill

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Session 2006 - 07
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Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 6 — Byelaws
95

135
Fixed penalties for breach of byelaws
(1)
After section 237 of the Local Government Act 1972 (c. 70) insert—
“237A
Fixed penalty notices
(1)
The Secretary of State may, in relation to England, by regulations
prescribe classes of byelaws to which this section applies.
5
(2)
The regulations may prescribe a class of byelaws by reference, in
particular, to one or more of the following—
(a)
the enactment under which byelaws are made,
(b)
the subject-matter of byelaws,
(c)
the authority by whom byelaws are made,
10
(d)
the authority or person by whom byelaws are confirmed.
(3)
Where—
(a)
an authorised officer of an authority which has made a byelaw
to which this section applies has reason to believe that a person
has committed an offence against the byelaw, or
15
(b)
an authorised officer of a parish council has reason to believe
that a person has in its area committed an offence against a
byelaw to which this section applies made by an authority other
than the parish council,

the officer may give that person a notice offering him the opportunity
20
of discharging any liability to conviction for the offence by payment of
a fixed penalty.
(4)
A fixed penalty notice under this section is payable to the authority
whose officer gave the notice.
(5)
Where a person is given a notice under this section in respect of an
25
offence—
(a)
no proceedings may be instituted for the offence before the end
of the period of fourteen days following the date of the notice,
and
(b)
he may not be convicted of the offence if he pays the fixed
30
penalty before the end of that period.
(6)
A notice under this section must give such particulars of the
circumstances alleged to constitute the offence as are necessary for
giving reasonable information about the offence.
(7)
A notice under this section must also state—
35
(a)
the period during which, by virtue of subsection (5),
proceedings will not be taken for the offence,
(b)
the amount of the fixed penalty, and
(c)
the person to whom and the address at which the fixed penalty
may be paid.
40
(8)
Without prejudice to payment by any other method, payment of the
fixed penalty 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 (7)(c) at the address so mentioned.

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(9)
Where a letter is sent in accordance with subsection (8) 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.
(10)
The form of a notice under this section may be specified in regulations
under subsection (1).
5
(11)
In any proceedings a certificate which—
(a)
purports to be signed on behalf of the chief finance officer of an
authority, and
(b)
states that payment of a fixed penalty was or was not received
by a date specified in the certificate,
10

is evidence of the facts stated.
(12)
In this section—
“authorised officer”, in relation to an authority, means—
(a)
an employee of the authority who is authorised in
writing by the authority for the purpose of giving
15
notices under this section,
(b)
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 the function, and
20
(c)
any employee of such a person who is authorised in
writing by the authority for the purpose of giving such
notices,
“chief finance officer”, in relation to an authority, means the
person having responsibility for the financial affairs of the
25
authority.
(13)
Regulations under subsection (1) may prescribe conditions to be
satisfied by a person before a parish council may authorise him in
writing for the purpose of giving notices under this section.
237B
Amount of fixed penalty
30
(1)
The amount of a fixed penalty payable in pursuance of a notice under
section 237A is—
(a)
the amount specified by the authority which made the byelaw,
or
(b)
if no amount is so specified, £75.
35
(2)
An authority may specify different amounts in relation to different
byelaws.
(3)
The Secretary of State may by regulations make provision in connection
with the powers under subsections (1)(a) and (2).
(4)
Regulations under subsection (3) may, in particular—
40
(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, an
authority can make provision under subsection (2).
(5)
The Secretary of State may by order substitute a different amount for
45
the amount for the time being specified in subsection (1)(b).

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237C
Power to require name and address in connection with fixed penalty
(1)
If an authorised officer proposes to give a person a notice under section
237A, the officer may require the person to give him his name and
address.
(2)
A person commits an offence if—
5
(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
10
conviction to a fine not exceeding level 3 on the standard scale.
(4)
In this section, “authorised officer” has the same meaning as in section
237A.”
(2)
After section 237E of the Local Government Act 1972 (c. 70) (as inserted by
section 137) insert—
15
“237F
Further provision about regulations and orders under section 237A or
237B
(1)
Regulations under section 237A or 237B, and an order under section
237B, may make—
(a)
such incidental, consequential, transitional or supplemental
20
provision (including provision amending, repealing or
revoking enactments) as the Secretary of State considers
appropriate, and
(b)
different provision for different areas, including different
provision for different localities and for different authorities.
25
(2)
A statutory instrument containing—
(a)
regulations under section 237A or 237B which amend or repeal
any provision of an Act, or
(b)
an order under section 237B which amends or repeals any
provision of an Act,
30

may not be made unless a draft of the instrument containing the
regulations or order has been laid before, and approved by a resolution
of, each House of Parliament.
(3)
Otherwise, a statutory instrument containing regulations under section
237A or 237B, or an order under section 237B, shall be subject to
35
annulment in pursuance of a resolution of either House of Parliament.”
136
Use of fixed penalty receipts
After section 237C of the Local Government Act 1972 (as inserted by section
135) insert—
“237D
Use of fixed penalty receipts
40
(1)
“Fixed penalty receipts” means amounts paid to an authority in
pursuance of notices under section 237A.
(2)
The authority shall have regard to the desirability of using its fixed
penalty receipts for the purpose of combating any relevant nuisance.

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(3)
A “relevant nuisance” is a nuisance in the authority’s area for the
prevention of which any byelaw to which section 237A applies was
made.”
137
Guidance
After section 237D of the Local Government Act 1972 (c. 70) (as inserted by
5
section 136) insert—
“237E
Guidance relating to sections 236A and 237A to 237D
An authority which makes byelaws of a class prescribed by regulations
under section 236A or 237A must have regard to any guidance issued
by the Secretary of State about—
10
(a)
procedure for which provision is made by regulations under
section 236A(1);
(b)
fixed penalties;
(c)
anything related to the matters mentioned in paragraph (a) or
(b).”
15
138
Community support officers etc
(1)
The Police Reform Act 2002 (c. 30) is amended as follows.
(2)
In Schedule 4 (community support officers)—
(a)
in paragraph 1 (powers to issue fixed penalty notices), after sub-
paragraph (3) insert—
20
   “(3A)
For the purposes of paragraph (e) of section 64A(1B) of the Police and
Criminal Evidence Act 1984 (photographing of suspects in relation to
fixed penalty offences) “relevant fixed penalty offence”, in relation to
a designated person, includes an offence under a relevant byelaw
within the meaning of paragraph 1ZA(4) (and, accordingly, the
25
reference in that paragraph (e) to paragraph 1 of this Schedule
includes a reference to paragraph 1ZA of this Schedule).”;
(b)
after paragraph 1 (powers to issue fixed penalty notices) insert—
“1ZA  (1)
This paragraph applies if a designation applies it to any
person.
30
      (2)
Such a designation may specify that, in relation to that
person, the application of sub-paragraph (3) is confined to
one or more only (and not all) relevant byelaws, being in each
case specified in the designation.
      (3)
Where that person has reason to believe that an individual
35
has committed an offence against a relevant byelaw at a place
within the relevant police area, he may exercise the power of
an authorised officer of an authority to give a notice under
section 237A of the Local Government Act 1972 (fixed
penalty notices in relation to offences against certain
40
byelaws).
      (4)
In this paragraph “relevant byelaw”, in relation to a
designated person, means a byelaw which—
(a)
falls within sub-paragraph (5); and

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(b)
is specified or described in that person’s designation
as a byelaw he has been designated to enforce under
this paragraph.
      (5)
A byelaw falls within this sub-paragraph if—
(a)
it is a byelaw to which section 237A of the Local
5
Government Act 1972 applies (fixed penalty notices
in relation to offences against certain byelaws); and
(b)
the chief officer of the police force for the relevant
police area and the authority who made the byelaw
have agreed to include it in a list of byelaws for the
10
purposes of this sub-paragraph.
      (6)
A list under sub-paragraph (5)(b) must be published by the
chief officer in such a way as to bring it to the attention of
members of the public in localities where the byelaws in the
list apply.
15
      (7)
The list may be amended from time to time by agreement
between the chief officer and the authority, by adding
byelaws to it or removing byelaws from it, and the amended
list shall also be published by the chief officer as mentioned
in sub-paragraph (6).”;
20
(c)
in paragraph 2(6) (relevant offence for the purpose of the power to
detain etc), after paragraph (aa) insert—
“(aza)
an offence under a relevant byelaw within the
meaning of paragraph 1ZA(4); or”.
(3)
In Schedule 5 (accredited persons)—
25
(a)
in paragraph 1 (power to issue fixed penalty notices), after sub-
paragraph (3) insert—
   “(3A)
For the purposes of paragraph (f) of section 64A(1B) of the
Police and Criminal Evidence Act 1984 (photographing of
suspects in relation to fixed penalty offences) “relevant fixed
30
penalty offence”, in relation to an accredited person, includes
an offence under a relevant byelaw within the meaning of
paragraph 1A(4) (and, accordingly, the reference in that
paragraph (f) to paragraph 1 of this Schedule includes a
reference to paragraph 1A of this Schedule).”;
35
(b)
after paragraph 1 insert—
“1A   (1)
This paragraph applies to an accredited person whose
accreditation specifies that it applies to him.
      (2)
The accreditation may specify that, in relation to that person,
the application of sub-paragraph (3) is confined to one or
40
more only (and not all) relevant byelaws, being in each case
specified in the accreditation.
      (3)
Where that person has reason to believe that an individual
has committed an offence against a relevant byelaw at a place
within the relevant police area, he may exercise the power of
45
an authorised officer of an authority to give a notice under
section 237A of the Local Government Act 1972 (fixed
penalty notices in relation to offences against certain
byelaws).

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      (4)
In this paragraph “relevant byelaw”, in relation to an
accredited person, means a byelaw which—
(a)
falls within sub-paragraph (5); and
(b)
is specified or described in that person’s accreditation
as a byelaw he has been accredited to enforce under
5
this paragraph.
      (5)
A byelaw falls within this sub-paragraph if—
(a)
it is a byelaw to which section 237A of the Local
Government Act 1972 applies (fixed penalty notices
in relation to offences against certain byelaws); and
10
(b)
the chief officer of the police force for the relevant
police area and the authority who made the byelaw
have agreed to include it in a list of byelaws for the
purposes of this sub-paragraph.
      (6)
A list under sub-paragraph (5)(b) must be published by the
15
chief officer in such a way as to bring it to the attention of
members of the public in localities where the byelaws in the
list apply.
      (7)
The list may be amended from time to time by agreement
between the chief officer and the authority, by adding
20
byelaws to it or removing byelaws from it, and the amended
list shall also be published by the chief officer as mentioned
in sub-paragraph (6).”;
(c)
in paragraph 2(3) (relevant offence for the purpose of the power to
require giving of name and address), after paragraph (aa) insert—
25
“(aza)
an offence under a relevant byelaw within the
meaning of paragraph 1A(4); or”;
(d)
in paragraph 9ZA (photographing of persons given fixed penalty
notices), after “paragraph 1(2)” insert “or in exercise of the power
mentioned in paragraph 1A(3)”.
30
139
Revocation of byelaws
After section 236A of the Local Government Act 1972 (inserted by section 134)
insert—
“236B
Revocation of byelaws
(1)
This section applies to—
35
(a)
a local authority;
(b)
the Greater London Authority;
(c)
Transport for London;
(d)
a metropolitan county passenger transport authority.
(2)
Such an authority may make a byelaw under this section to revoke a
40
byelaw made by the authority.
(3)
The power under subsection (2) may be exercised only where the
authority has no other power to revoke the byelaw.
(4)
The confirming authority in relation to a byelaw made under this
section shall be—
45

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Part 7 — Best value
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(a)
in relation to a byelaw made by a local authority in Wales, the
Welsh Ministers;
(b)
in relation to any other byelaw, the Secretary of State.
(5)
The Secretary of State may, in relation to England, by order revoke any
byelaw which appears to him to have become spent, obsolete or
5
unnecessary.
(6)
The Welsh Ministers may, in relation to Wales, by order revoke any
byelaw which appears to them to have become spent, obsolete or
unnecessary.
(7)
An order under this section may make—
10
(a)
such incidental, consequential, transitional or supplemental
provision (including provision amending, repealing or
revoking enactments) as the person making the order considers
appropriate, and
(b)
different provision for different areas, including different
15
provision for different localities and for different authorities.
(8)
A statutory instrument containing an order under this section which
amends or repeals any provision of an Act may not be made by the
Secretary of State unless a draft of the instrument containing the order
has been laid before, and approved by a resolution of, each House of
20
Parliament.
(9)
Otherwise, a statutory instrument containing an order made by the
Secretary of State under this section shall be subject to annulment in
pursuance of a resolution of either House of Parliament.
(10)
A statutory instrument containing an order under this section which
25
amends or repeals any provision of an Act may not be made by the
Welsh Ministers unless a draft of the instrument containing the order
has been laid before, and approved by a resolution of, the National
Assembly for Wales.
(11)
Otherwise, a statutory instrument containing an order made by the
30
Welsh Ministers under this section shall be subject to annulment in
pursuance of a resolution of the National Assembly for Wales.”
140
Further amendments relating to byelaws
Schedule 7 (further amendments of the law relating to byelaws) has effect.
Part 7
35
Best value
Best value authorities
141
Parish councils and community councils etc not to be best value authorities
(1)
In section 1 of the Local Government Act 1999 (c. 27) (best value authorities)—
(a)
in subsection (2) (definition of local authority in relation to England), in
40
paragraph (a), for “, a London borough council, a parish council or a