SCHEDULES
SCHEDULE 5 Powers exercisable by accredited persons
1Power to issue fixed penalty notices
1
An accredited person whose accreditation specifies that this paragraph applies to him shall have the powers specified in sub-paragraph (2) in relation to any individual who he has reason to believe has committed or is committing a relevant fixed penalty offence at a place within the relevant police area.
2
Those powers are the following powers so far as exercisable in respect of a relevant F1fixed penalty offence—
a
the power of a constable in uniform to give a person a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty notices) in respect of an offence under section 72 of the Highway Act 1835 (c. 50) (riding on a footway) committed by cycling;
F4ab
the power of a constable to give a penalty notice under section 444A of the Education Act 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil);
F5ac
the power of a constable to give a penalty notice under section 105 of the Education and Inspections Act 2006 (penalty notice in respect of presence of excluded pupil in public place);
b
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7ba
the power of an authorised officer of a local authority to give a notice under section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices in respect of graffiti or fly-posting); and
c
the power of an authorised officer of a litter authority to give a notice under section 88 of the Environmental Protection Act 1990 (c. 43) (fixed penalty notices in respect of litter)
F14d
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F82A
The reference to the powers mentioned in sub-paragraph (2)(aa) does not include those powers so far as they relate to an offence under the provisions in the following list—
section 12 of the Licensing Act 1872,
section 91 of the Criminal Justice Act 1967,
section 1 of the Theft Act 1968,
section 1(1) of the Criminal Damage Act 1971,
section 87 of the Environmental Protection Act 1990.
3
In this paragraph “relevant fixed penalty offence”, in relation to an accredited person, means an offence which—
a
is an offence by reference to which a notice may be given to a person in exercise of any of the powers mentioned in F9sub-paragraph (2)(a) to (d) ; and
b
is specified or described in that person’s accreditation as an offence he has been accredited to enforce.
F103A
For the purposes of paragraph (f) of section 64A(1B) of the Police and Criminal Evidence Act 1984 (photographing of suspects in relation to fixed penalty offences) “relevant fixed penalty offence”, in relation to an accredited person, includes an offence under a relevant byelaw within the meaning of paragraph 1A(4) (and, accordingly, the reference in that paragraph (f) to paragraph 1 of this Schedule includes a reference to paragraph 1A of this Schedule).
F114
In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in sub-paragraph (2)(ab) F12or (ac) , sub-paragraph (1) shall have effect as if for the words from “who he has reason to believe” to the end there were substituted “in the relevant police area who he has reason to believe has committed or is committing a relevant fixed penalty offence”.