Clause 97 - Use of fixed penalty receipts:lower tier authorities

Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee at 4:15 pm on 27 January 2005.

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Photo of Alun Michael Alun Michael Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs 4:15, 27 January 2005

I am grateful to the hon. Gentleman for raising those points in a clear manner that addresses the practical issues. When he asks who might be referred to in this Clause other than the Secretary of State or the National Assembly for Wales, the most obvious alternative would be the district authority. The circumstances that I envisage could be those in which a parish or town council might have the capacity to issue fixed penalty notices, yet not have the capacity to take matters to prosecution. They would not have   the legal expertise, and so on. In those circumstances, it would perhaps be sensible for an agreement to be reached—if there were a real issue—between one or perhaps several parishes and the district authority. They might agree that the district authority should undertake some of the work and receive the money from fixed penalties as a result of doing that—in other words, a payment for the enforcement from the income received by the parish.

I agree entirely with what the hon. Gentleman said about accounting arrangements. I underline the fact that the clause does not refer to audit or to specific types of professional fees being required. However, I am sure that he would agree that it is appropriate for there to be arrangements whereby proper accounts—simple but proper accounts—are kept to show how the money is received and how the expenditure is dealt with. We intend that the provisions should be implemented with a light touch—the minimum necessary to provide proper accountability. We do not want to take a heavy-handed approach to the work of parish and town councils.

Question put and agreed to.

Clause 97 ordered to stand part of the Bill.

Clause 98 ordered to stand part of the Bill.

Clause

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Secretary of State

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clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.