Mr Christopher Chope (Christchurch, Conservative)

I ask the Minister for clarification. One distinction between schedules 1 and 2 is that in schedule 1 there are offences with a maximum fine at level five, whereas the first three offences specified in schedule 2 carry a maximum fine at only level four. Can the Minister confirm that the other three offences in schedule 2 at the top of page 59 also carry a maximum penalty at level four rather than level five?

Mr Tony McNulty (Parliamentary Under-Secretary, Department for Transport; Harrow East, Labour)

As far as I am aware and unless I hear otherwise, they do. During our debate this morning I said that, broadly, those offences that now attract level four fines are the noticing type of offences, as can be seen from much of schedule 2, but those that attract level five fines are more serious and require more than simply just noticing. The first three offences covered by the schedule, as the hon. Gentleman rightly said, concern advance notice of certain works, notice of starting date and notice of emergency works. The subsequent offences involve offences under sections 70(6), 74(7B) and 74A(11) of the 1991 Act and are subject to level four penalties, which maintains the split between important but less serious offences—less serious only in terms of the fine maximums they attract—and the others. All the offences in schedule 2 will attract level four fines, as the hon. Member for Christchurch suggested. I am glad that he allowed me to make that point. I commend the schedule to the Committee.

Question put, That this schedule be the Second schedule to the Bill:—

The Committee divided: Ayes 8, Noes 5.