Section 90G Power to charge fees: England and WalesF1
A policing body may charge a fee for enrolment on an approved course offered as an alternative to prosecution in England and Wales for a specified fixed penalty offence.
A fee may be set at a level that exceeds the cost of an approved course and related administrative expenses, but any excess must be used for the purpose of promoting road safety.
The Secretary of State may by regulations make further provision about—
how fees, or components of fees, are to be calculated;
the level of fees or components of fees;
the use of fee income.
The regulations may include provision as to the amount, or maximum amount, of a fee or component of a fee.
In this section—
“approved course” means a course approved (whether before or after this section comes into force) by a body specified in regulations under subsection (6);
“fixed penalty offence” means an offence that is a fixed penalty offence for the purposes of Part 3 (see section 51);
“policing body” means—
- (a)
a local policing body, or
- (b)
the British Transport Police Authority;
- (a)
“promoting road safety” includes the prevention, detection or enforcement of offences relating to vehicles;
“prosecution”, in relation to an offence, includes any alternative way of being dealt with for the offence (other than attending an approved course);
“specified fixed penalty offence” means an offence specified under subsection (6).
The Secretary of State may by regulations—
specify fixed penalty offences for the purposes of this section;
specify a body to approve courses for the purposes of this section.
Nothing in this section limits any power to charge fees apart from this section.
Annotations
Textual amendments
- F1
Pt. 3B inserted (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 89(1), 208(1); S.I. 2022/1075, reg. 3(f)
Notes on Part 3B
Modifications
- C1
Pt. 3B: power to amend conferred (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 89(3), 208(1); S.I. 2022/1075, reg. 3(f)