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Part 1Provisions for Combatting Crime and Disorder

Chapter 1On the Spot Penalties for Disorderly Behaviour

Penalty notices and penalties

3Amount of penalty and form of penalty notice

(1)The penalty payable in respect of a penalty offence is such amount as the Secretary of State may specify by order.

(2)But the Secretary of State may not specify an amount which is more than a quarter of the amount of the maximum fine for which a person is liable on conviction of the offence.

(3)A penalty notice must—

(a)be in the prescribed form;

(b)state the alleged offence;

(c)give such particulars of the circumstances alleged to constitute the offence as are necessary to provide reasonable information about it;

(d)specify the suspended enforcement period (as to which see section 5) and explain its effect;

(e)state the amount of the penalty;

(f)state the justices' chief executive to whom, and the address at which, the penalty may be paid; and

(g)inform the person to whom it is given of his right to ask to be tried for the alleged offence and explain how that right may be exercised.

(4)“Prescribed” means prescribed by regulations made by the Secretary of State.

(5)The power to make regulations or an order conferred by this section is exercisable by statutory instrument.

(6)Such an instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.