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London Local Authorities Act 2012

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PART 2Penalty charges

3Powers exercisable by police civilians and accredited persons

(1)Where a designation under section 38 of the Police Reform Act 2002 applies paragraph 1 of Schedule 4 to that Act (community support officers' powers to issue fixed penalty notices) to any person, that person shall have the power of a borough council to serve a penalty charge notice under section 61(2) of the Act of 2007 (penalty charges) where he has reason to believe that a penalty charge is payable by the person being served to the borough council by virtue of a penalty charge provision within the meaning of section 61(7) of that Act.

(2)An accredited person within the meaning of section 47 of the Police Reform Act 2002 whose accreditation specifies that this subsection applies to him shall have the power of a borough council to serve a penalty charge notice under section 61(2) of the Act of 2007 (penalty charges) where he has reason to believe that a penalty charge is payable by the person being served to the borough council by virtue of a penalty charge provision within the meaning of section 61(7) of that Act.

(3)An accreditation may only specify that subsection (2) applies to an accredited person if that person's accreditation also specifies that paragraph 1 of Schedule 5 to the Police Reform Act 2002 (accredited person's powers to issue fixed penalty notices) applies to him.

4Power to require name and address

(1)If a borough council or a community support officer proposes to serve on a person a penalty charge notice under section 61(2) of the Act of 2007 (penalty charges), the council or community support officer may require the person to give him his name and address.

(2)Where a requirement of the borough council under subsection (1) is made in person then—

(a)it must be made by an authorised officer of the council; and

(b)the authorised officer must, if required to do so, show proof of his authorisation.

(3)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 requirement under that subsection.

(4)A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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