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Local Government and Public Involvement in Health Bill


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

93

 

(c)   

the authority by whom byelaws are made,

(d)   

the authority or person by whom byelaws are confirmed.

(3)   

The regulations may, in particular, include provision about—

(a)   

consultation to be undertaken before a byelaw is made,

(b)   

publicising a byelaw after it is made.

5

(4)   

The regulations may make—

(a)   

such incidental, consequential, transitional or supplemental

provision (including provision amending, repealing or

revoking enactments) as the Secretary of State considers

appropriate, and

10

(b)   

different provision for different areas, including different

provision for different localities and for different authorities.

(5)   

Regulations may not be made under subsection (1) unless a draft of the

instrument containing the regulations has been laid before, and

approved by a resolution of, each House of Parliament.”

15

(4)   

In section 237 (offences against byelaws), after “applies” insert “and byelaws of

a class prescribed by regulations under section 236A”.

129     

Fixed penalties for breach of byelaws

(1)   

After section 237 of the Local Government Act 1972 (c. 70) insert—

“237A   

Fixed penalty notices

20

(1)   

The Secretary of State may, in relation to England, by regulations

prescribe classes of byelaws to which this section applies.

(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,

25

(b)   

the subject-matter of byelaws,

(c)   

the authority by whom byelaws are made,

(d)   

the authority or person by whom byelaws are confirmed.

(3)   

Where—

(a)   

an authorised officer of an authority which has made a byelaw

30

to which this section applies has reason to believe that a person

has committed an offence against the byelaw, or

(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

35

than the parish council,

   

the officer may give that person a notice offering him the opportunity

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

40

whose officer gave the notice.

(5)   

Where a person is given a notice under this section in respect of an

offence—

 
 

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(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

penalty before the end of that period.

5

(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—

(a)   

the period during which, by virtue of subsection (5),

10

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.

(8)   

Without prejudice to payment by any other method, payment of the

15

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.

(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

20

delivered in the ordinary course of post.

(10)   

The form of a notice under this section may be specified in regulations

under subsection (1).

(11)   

In any proceedings a certificate which—

(a)   

purports to be signed on behalf of the chief finance officer of an

25

authority, and

(b)   

states that payment of a fixed penalty was or was not received

by a date specified in the certificate,

   

is evidence of the facts stated.

(12)   

In this section—

30

“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

notices under this section,

(b)   

any person who, in pursuance of arrangements made

35

with the authority, has the function of giving such

notices and is authorised in writing by the authority to

perform the function, and

(c)   

any employee of such a person who is authorised in

writing by the authority for the purpose of giving such

40

notices,

“chief finance officer”, in relation to an authority, means the

person having responsibility for the financial affairs of the

authority.

(13)   

Regulations under subsection (1) may prescribe conditions to be

45

satisfied by a person before a parish council may authorise him in

writing for the purpose of giving notices under this section.

 
 

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237B    

Amount of fixed penalty

(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

5

(b)   

if no amount is so specified, £75.

(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).

10

(4)   

Regulations under subsection (3) 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, an

authority can make provision under subsection (2).

15

(5)   

The Secretary of State may by order substitute a different amount for

the amount for the time being specified in subsection (1)(b).

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

20

address.

(2)   

A person commits an offence if—

(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

25

requirement under that subsection.

(3)   

A person guilty of an offence under subsection (2) is liable on summary

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.”

30

(2)   

After section 237E of the Local Government Act 1972 (c. 70) (as inserted by

section 131) insert—

“237F   

Further provision about regulations and orders under section 237A or

237B

(1)   

Regulations under section 237A or 237B, and an order under section

35

237B, may make—

(a)   

such incidental, consequential, transitional or supplemental

provision (including provision amending, repealing or

revoking enactments) as the Secretary of State considers

appropriate, and

40

(b)   

different provision for different areas, including different

provision for different localities and for different authorities.

(2)   

A statutory instrument containing—

 
 

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(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,

   

may not be made unless a draft of the instrument containing the

5

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

annulment in pursuance of a resolution of either House of Parliament.”

10

130     

Use of fixed penalty receipts

After section 237C of the Local Government Act 1972 (c. 70) (as inserted by

section 129) insert—

“237D   

Use of fixed penalty receipts

(1)   

“Fixed penalty receipts” means amounts paid to an authority in

15

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.

(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

20

made.”

131     

Guidance

After section 237D of the Local Government Act 1972 (as inserted by section

130) insert—

“237E   

Guidance relating to sections 236A and 237A to 237D

25

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—

(a)   

procedure for which provision is made by regulations under

section 236A(1);

30

(b)   

fixed penalties;

(c)   

anything related to the matters mentioned in paragraph (a) or

(b).”

132     

Community support officers etc

(1)   

The Police Reform Act 2002 (c. 30) is amended as follows.

35

(2)   

In Schedule 4 (community support officers)—

(a)   

in paragraph 1 (powers to issue fixed penalty notices), after sub-

paragraph (3) insert—

   “(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

40

fixed penalty offences) “relevant fixed penalty offence”, in relation to

a designated person, includes an offence under a relevant byelaw

 
 

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97

 

within the meaning of paragraph 1ZA(4) (and, accordingly, the

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

5

person.

      (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.

10

      (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

an authorised officer of an authority to give a notice under

section 237A of the Local Government Act 1972 (fixed

15

penalty notices in relation to offences against certain

byelaws).

      (4)  

In this paragraph “relevant byelaw”, in relation to a

designated person, means a byelaw which—

(a)   

falls within sub-paragraph (5); and

20

(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

25

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

30

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.

35

      (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).”;

40

(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)—

45

(a)   

in paragraph 1 (power to issue fixed penalty notices), after sub-

 
 

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Part 6 — Byelaws

98

 

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

penalty offence”, in relation to an accredited person, includes

5

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).”;

(b)   

after paragraph 1 insert—

10

“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

more only (and not all) relevant byelaws, being in each case

15

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

an authorised officer of an authority to give a notice under

20

section 237A of the Local Government Act 1972 (fixed

penalty notices in relation to offences against certain

byelaws).

      (4)  

In this paragraph “relevant byelaw”, in relation to an

accredited person, means a byelaw which—

25

(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

this paragraph.

      (5)  

A byelaw falls within this sub-paragraph if—

30

(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

(b)   

the chief officer of the police force for the relevant

police area and the authority who made the byelaw

35

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

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

40

list apply.

      (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

45

in sub-paragraph (6).”;

(c)   

in paragraph 2(3) (relevant offence for the purpose of the power to

 
 

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Part 6 — Byelaws

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require giving of name and address), after paragraph (aa) insert—

“(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

5

mentioned in paragraph 1A(3)”.

133     

Revocation of byelaws

After section 236A of the Local Government Act 1972 (inserted by section 128)

insert—

“236B   

Revocation of byelaws

10

(1)   

This section applies to—

(a)   

a local authority;

(b)   

the Greater London Authority;

(c)   

Transport for London;

(d)   

a metropolitan county passenger transport authority.

15

(2)   

Such an authority may make a byelaw under this section to revoke a

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

20

section shall be—

(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

25

byelaw which appears to him to have become spent, obsolete or

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.

30

(7)   

An order under this section may make—

(a)   

such incidental, consequential, transitional or supplemental

provision (including provision amending, repealing or

revoking enactments) as the person making the order considers

appropriate, and

35

(b)   

different provision for different areas, including different

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

40

has been laid before, and approved by a resolution of, each House of

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.

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