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Enforcement powers, etc.

Use of fixed penalty receipts

13.—(1) A council may use any sums it receives in respect of fixed penalties payable in pursuance of notices given under section 12 (its “fixed penalty receipts”) only for the purposes of—

(a)its functions under this Act; or

(b)such other functions (if any) as are prescribed.

(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) Regulations may—

(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 subsection (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 subsection (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 section the Department shall consult—

(a)councils; and

(b)such other persons or bodies as the Department considers appropriate.