Clause 73 - Offences under section 71: fixed penalty notices
Clean Neighbourhoods and Environment Bill
11:00 am
Mr Alun Michael (Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs; Cardiff South and Penarth, Labour/Co-operative)
May I point out, first, that subsection (3)(a) refers to the giving of a fixed penalty notice? It does not say that, after the expiry of the 14 days, there must be a prosecution. If there is a prosecution, that involves notification to the individual and a response, which might be ''I've been away for a month. Here's my cheque.'' Local authorities are not likely to rush to a prosecution if it is not appropriate. Therefore, I suggest that the Bill sets out a reasonable minimum period; a longer period would be inappropriate in such circumstances.
We seek to leave the designation of an authorised officer to the flexibility of the local authority, but we shall cover the issue in guidance. We would expect the local authority to ensure that an appropriate person undertook the work.
Question put and agreed to.
Clause 73 ordered to stand part of the Bill.