Section 53 Amount of fixed penalty.F1

England, Wales and Scotland

(1)

The fixed penalty for an offence is—

(a)

such amount as the Secretary of State may by order prescribe, or

(b)

one half of the maximum amount of the fine to which a person committing that offence would be liable on summary conviction F2or, where there is no such maximum amount, the amount corresponding to level 4 on the standard scale for summary offences,

whichever is the less.

(F32)

Any order made under subsection (1)(a) above in relation to an offence may make provision for the fixed penalty for the offence to be different depending on the circumstances, including (in particular)—

(a)

the nature of the contravention or failure constituting the offence,

(b)

how serious it is,

(c)

the area, or sort of place, where it takes place, and

(d)

whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.

Annotations

Textual amendments

F1: S. 53 substituted (1.4.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para.102; S.I. 1992/199, arts. 3(2)(b), 4; but see S.I.1992/435 for an expressed substitution (S.) (1.4.1992) of penalties in the previous form of s. 53
F2: Words in s. 53(1)(b) inserted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 5 para. 5 (with reg. 5(1))
F3: S. 53(2) substituted (5.1.2009) by Road Safety Act 2006 (c. 49), ss. 3(2), 61(1)(10) (with s. 61(3)); S.I. 2008/3164, art. 2(a)

Notes on Part III

Modifications

C1

Pt. III (ss. 51–90) amended by (E.W.) S.I. 1990/335, art. 2(1) and (S.) S.I. 1990/466, art. 2(1)

Pt. III (ss. 51-90) amended (1.8.1999) by S.I. 1999/1851, art. 2(1)

C2

Pt. III modified (16.8.2013) by The Fixed Penalty Offences Order 2013 (S.I. 2013/1565), arts. 1, 2

C3

Definition in Pt. III (ss. 51-90) applied (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 18(7)(b), 101(1) (with Sch. 12 para. 6); S.I. 1992/333, art. 2(2), Sch.2