Clause 73 - Offences under section 71: fixed penalty notices
Clean Neighbourhoods and Environment Bill
11:00 am
Mrs Anne McIntosh (Shadow Minister, Environment and Transport; Vale of York, Conservative)
Thank you, Mr. Taylor.
I have a question about subsection (3)(a), which states that
''no proceedings may be instituted for the offence before the end of the period of 14 days starting with the day after that on which the notice is given''.
The responsible person—the home owner or business premises tenant—could be sick for an extended period and the person to whom he delegates responsibility away for a shorter period but longer than the 14 days. In some circumstances, 14 days will be seen as an extremely short period. It is a question of clarification.
I am a little concerned about the definition of authorised officer in subsection (11). Some people may fall into these categories through delegation in a company, particularly in relation to business premises. The provision is very narrowly drawn.