Clause 50 - Penalty receipts
Anti-social Behaviour Bill
5:00 pm
Mr Bob Ainsworth (Parliamentary Under-Secretary, Home Office; Coventry North East, Labour)
I beg to move amendment No. 244, in
clause 50, page 38, line 8, leave out from 'authority' to end of line 9 and insert
'may use any sums it receives in respect of penalties payable to it in pursuance of notices under section 48(1) (its ''penalty receipts'') only for the purposes of functions of its that are qualifying functions.
(4) The following are qualifying functions for the purposes of this section-
(a) functions under section 48, and
(b) functions of a description specified in regulations made by the appropriate person.
(5) Regulations under subsection (4)(b) may (in particular) have the effect that a local authority may use its penalty receipts for the purposes of any of its functions.
(6) A local authority must supply the appropriate person with such information relating to its use of its penalty receipts as the appropriate person may require.
(7) The appropriate person may by regulations-
(a) make provision for what a local authority is to do with its penalty receipts-
(i) pending their being used for the purposes of qualifying functions of the authority,
(ii) if they are not so used before such time after their receipt as may be specified by the regulations,
(b) make provision for accounting arrangements in respect of a local authority's penalty receipts.
(8) The provision that may be made under subsection (7)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the appropriate person) other than the local authority.
(9) Before making regulations under this section, the appropriate person must consult-
(a) the local authorities to which the regulations are to apply, and
(b) such other persons as the appropriate person considers appropriate.'
The clause currently requires a local authority to pay to the appropriate person-the Secretary of State in England or the National Assembly in Wales-any sums that it receives in respect of fixed penalty notices issued for graffiti and fly posting. The amendment would remove that provision and allow the local authority instead to retain the receipts and use them for qualifying functions, which are the issuing of fixed penalty notices under clause 48 and such other functions as may subsequently be specified in regulations. Those could include wide functions
relating to graffiti, such as cleaning up the mess caused in the first place.
The intention behind the amendment is to encourage local authorities to use the power. I told the hon. Member for Mid-Dorset and North Poole that there were other circumstances in which local authorities could issue fixed penalty notices. Those are littering and dog fouling, which are detailed in the Local Government Bill, which is further through its parliamentary stages than this Bill. Those powers will not be available until that Bill receives Royal Assent.