1 Offences leading to penalties on the spotE+W
(1)For the purposes of this Chapter “penalty offence” means an offence committed under any of the provisions mentioned in the first column of the following Table and described, in general terms, in the second column:
| Offence creating provision | Description of offence |
|---|---|
| Section 12 of the Licensing Act 1872 (c.94) | Being drunk in a highway, other public place or licensed premises |
| Section 80 of the Explosives Act 1875 (c.17) | Throwing fireworks in a thoroughfare |
| F1. . . | F1. . . |
| Section 55 of the British Transport Commission Act 1949 (c.xxix) | Trespassing on a railway |
| Section 56 of the British Transport Commission Act 1949 (c.xxix) | Throwing stones etc. at trains or other things on railways |
| Section 169C(3) of the Licensing Act 1964 (c.26) | Buying or attempting to buy alcohol for consumption in a bar in licensed premises by a person under 18 |
| Section 91 of the Criminal Justice Act 1967 (c.80) | Disorderly behaviour while drunk in a public place |
| Section 5(2) of the Criminal Law Act 1967 (c.58) | Wasting police time or giving false report |
| [F2Section 43(1)(b) of the Telecommunications Act 1984 (c.12)] | [F2Using public telecommunications system for sending message known to be false in order to cause annoyance] |
| [F3Section 5 of the Public Order Act 1986 (c.64) | Behaviour likely to cause harassment, alarm or distress] |
| Section 12 of this Act | Consumption of alcohol in designated public place |
| [F4Section 127(2) of the Communications Act 2003 | Using public electronic communications network in order to cause annoyance, inconvenience or needless anxiety] |
| [F5Section 49 of the Fire and Rescue Services Act 2004 (c. 21) | Knowingly giving a false alarm of fire] |
(2)The Secretary of State may by order amend an entry in the Table or add or remove an entry.
(3)An order under subsection (2) may make such amendment of any provision of this Chapter as the Secretary of State considers appropriate in consequence of any change in the Table made by the order.
(4)The power conferred by subsection (2) is exercisable by statutory instrument.
(5)No order shall be made under subsection (2) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
Textual Amendments
F1S. 1(1) table: entry repealed (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 54, Sch. 1 para. 97(2), Sch. 2; S.I. 2004/2304, art. 2 (subject to art. 3); S.I. 2004/2917, art. 2
F2S. 1(1) table: entry repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 19(1) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)
F3S. 1(1) table: entry inserted (22.7.2002) by The Criminal Justice and Police Act 2001 (Amendment) Order 2002 (S.I. 2002/1934), art. 2
F4S. 1(1) table: entry in table inserted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 17 para. 169 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)
F5S. 1(1) table: entry added (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, Sch. 1 para. 97(3); S.I. 2004/2304, art. 2 (subject to art. 3); S.I. 2004/2917, art. 2
Commencement Information
I1S. 1 wholly in force at 12.8.2002; s. 1 not in force at Royal Assent see s. 138; s. 1 in force for certain purposes at 1.3.2002 by S.I. 2002/344, art. 2; s. 1 in force at 12.8.2002 in so far as not already in force by S.I. 2002/2050, art. 2