Modifications etc. (not altering text)
C1Pt. 1 Ch. 1 extended (15.11.2003) by Police Reform Act 2002 (c. 30), ss. 38, 108, Sch. 4 para. 1(2)(a); S.I. 2003/2593, art. 2(d)
C2Pt. 1 Ch. 1 modified (26.12.2004) by The Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004 (S.I. 2004/3166), art. 6
(1)The penalty payable in respect of a penalty offence is such amount as the Secretary of State may specify by order.
[F1(1A)The Secretary of State may specify different amounts for persons of different ages.]
(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 [F2summary] 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 [F3designated officer for a local justice area] 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.
Textual Amendments
F1S. 3(1A) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 87(4), 93; S.I. 2003/3300, art. 2(f)(iii)
F2Word in s. 3(2) inserted (1.11.2004) by The Criminal Justice and Police Act 2001 (Amendment) and Police Reform Act 2002 (Modification) Order 2004 (S.I. 2004/2540), arts. 1(4), 3
F3Words in s. 3(3)(f) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 397; S.I. 2005/910, art. 3