The Local Government (Northern Ireland) Order 2005

Use of fixed penalty receipts

30.—(1) In Article 6(6) of the Litter (Northern Ireland) Order 1994 (NI 10) (which requires councils to pay fixed penalties for litter and dog fouling offences to the Department) for the words from “as respects the sums received” to the end substitute “and any sums received by a council in respect of fixed penalties shall be dealt with in accordance with Article 6A”.

(2) After Article 6 of that Order insert—

“Use of fixed penalty receipts

6A.— (1) A council may use its fixed penalty receipts only for the purposes of—

(a) its functions under Articles 5 and 6;

(b) such other functions (if any) as are specified in regulations made by the Department.

(2) A council shall supply the Department with such information relating to its use of its fixed penalty receipts as the Department may require.

(3) The Department may by regulations—

(a) make provision for what a council is to do with its fixed penalty receipts—

(i) pending their being used for the purposes mentioned in paragraph (1);

(ii) if they are not so used before such time after their receipt as may be specified in the regulations;

(b) make provision for accounting arrangements in respect of a council’s fixed penalty receipts.

(4) The provision that may be made under paragraph (3)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the Department) other than the council.

(5) Before making regulations under this Article the Department shall consult councils and—

(a) such associations or bodies representative of councils;

(b) such associations or bodies representative of officers of councils; and

(c) such other persons or bodies,

as the Department considers appropriate.

(6) In this Article references to a council’s fixed penalty receipts are to the sums received by the council in respect of fixed penalties under Article 6.”.