HL Deb 21 July 1977 vol 386 cc437-8

42 Clause 31, page 23, line 6, at end insert— (1A) This subsection applies to the following enactments (by virtue of which certain byelaws may make persons contravening the byelaws liable on summary conviction to a fine not exceeding £20), namely—

  1. (a) section 183 of the Public Health Act 1875 and section 237 of the Local Government Act 1972 (local authorities' byelaws) in their application to byelaws under any public general Act; and
  2. (b) paragraph 5 of Schedule 6 to the Weights and Measures Act 1963 (byelaws about solid fuel), including that paragraph as extended to wood fuel by paragraph 4 of Part IV of Schedule 7 to that Act.
(1B) In the enactments to which subsection (1A) above applies for any reference to £20 there shall be substituted a reference to £50; and any provision in force at the coming into force of this subsection which—
  1. (a) is contained in any byelaw made under a public general Act by virtue of—
    2. 438
    1. (i) any enactment to which subsection (1A) above applies; or
    2. (ii) section 251 of the Local Government Act 1933; and
  2. (b) specifies £20 as the maximum fine which may be imposed on summary conviction in respect of a contravention of, or offence under, any byelaw mentioned in that provision,
shall have effect as if it specified £50 instead (but with no change by virtue of this subsection in the maximum daily fine, if any, for which it provides). The preceding provisions of this subsection are without prejudice to subsection (2) below.

43 Clause 31, page 23, line 23, leave out "that" and insert "any such".

Lord HARRIS of GREENWICH

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 42 and 43. I should also like to speak at the same time to Amendments Nos. 129, 176 and 178. The first Amendment is the one of substance. The remainder are consequential. The Amendment increases from £20 to £50 the maximum fine which may be prescribed in local authority by-laws made under the more important by-law parent Acts. It also increases to £50 the maximum fine for all by-law offences made under the relevant enactments which carry £20 and are already in force. The increases, I should tell the House, have been welcomed by the local authority associations. The new maximum fine of £50 is in line with the lowest point on the new scale of summary maximum fines and is generally appropriate for the sort of offences covered by these by-laws.

The increases apply to existing by-laws carrying a maximum of £20 made under the relevant Acts and will save local authorities having to remake all their recent by-laws to carry a higher maximum fine. A similar procedure was followed in the Criminal Justice Act 1967. My Lords, I beg to move.

Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Harris' of Greenwich.)

On Question, Motion agreed to.