HC Deb 26 February 1991 vol 186 cc882-3
Lord James Douglas-Hamilton

I beg to move amendment No. 75, in page 30, line 13 after 'Where', insert 'in England and Wales'.

Mr. Speaker

With this, it will be convenient to consider Government amendments Nos. 76 to 87 and 97 to 101.

Lord James Douglas-Hamilton

The amendment empowers the police to issue conditional offers of fixed penalty to a majority of those that they would otherwise have reported to the fiscal for committing a fixed penalty offence. The power can be used either at the roadside or, if detected by unmanned equipment, by later sending the offer by post. At present, the police have no power to issue fixed penalty notices at the roadside for traffic offences committed in moving vehicles or in those that attract the endorsement. The police have pressed to have such a power for some time, as they see it as conducive to improved road traffic enforcement.

We have had extensive consultations with interested bodies and have concluded that the enforcement of road traffic offences, such as speeding, could effectively be carried out by the police using broadly the system of conditional offer fixed penalties proposed in clause 31. If the amendment is made, the police will no longer have to make routine reports on such offences as speeding to the fiscal except in cases where a conditional offer was not taken up. There will therefore be a considerable saving of time for the police and fiscals.

I commend the amendment as a useful streamlining of present procedures with a potential contribution to policing enforcement and hence road safety in Scotland.

Amendment agreed to.

Amendments made: No. 76, in page 30, line 14, leave out ', or in Scotland a procurator fiscal,'.

No. 77, in page 30, line 21, leave out from 'police' to end of line 39 and insert—

'(2) Where in Scotland a procurator fiscal receives a report that—

  1. (a) an offence specified in Schedule 3 to this Act has been committed,
  2. (b) an offence specified in Schedule 5 to this Act has been committed,
  3. (c) an offence referrred to in paragraph (a) or (b) above has been committed, being an offence of causing or permitting a vehicle to be used by another person in contravention of any provision made or any restriction or prohibition imposed by or under any enactment, or
  4. (d) an offence of aiding, abetting, counselling, procuring or inciting the commission of an offence referred to in this subsection has been committed.'.

No. 78, in page 30, line 41, at end insert—

'(3) Where in Scotland, a constable—

  1. (a) on any occasion has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence, he may hand to that person,
  2. (b) in any case has reason to believe that a fixed penalty offence has been committed, he or another person authorised in that respect by the chief constable may send to the alleged offender, a notice under this section.

(4) Subsections (2) and (3) above shall not apply where a fixed penalty notice has been fixed to a vehicle under section 62 of this Act.'.

No. 79, in page 31, line 48, leave out '(a)' and insert '(b)'.

No. 80, in page 32, line 14, after 'until' insert— '(a) in England and Wales,'.

No. 81, in page 32, line 14, after 'or', insert '(b)'.

No. 82, in page 32, line 15, after 'fiscal' insert 'or (where the conditional offer was issued under section 75(3) of this Act) the chief constable'.

No. 83, in page 32, line 34, leave out from 'the' to end of line 36 and insert 'person referred to in subsection (2)(a) or (b) above'.

No. 84, in page 32, line 42, leave out from second 'the' to end of line 43 and insert 'person referred to in subsection (2)(a) or (b) above'.

No. 85, in page 33, line 8, at end insert-— '(9) In Scotland, the Secretary of State may by regulations vary the provisions of subsection (2)(b) above.'.

No. 86, in page 33, line 18, leave out from 'the' to 'under' in line 20 and insert 'person referred to in section 76(2)(a) or (b) of this Act'.

No. 87, in page 33, line 40, leave out from 'the' to 'that' in line 42 and insert 'person referred to in section 76(2)(a) or (b) of this Act'.—[Lord James Douglas-Hamilton.]

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