London Local Authorities Bill—continued
        House of Commons

 

SCHEDULE 5

Section 27

Financial provisions relating to SECTION 27 (Fixed penalty notices) ofthis Act

1         A participating council shall keep an account of their income and expenditure in respect of the administration and enforcement of sections 26 (Fixed penalty offences) and 27 (Fixed penalty notices) of this Act in relation to each of the enactments mentioned in paragraphs (a) to (c) of subsection (1) of the said section 26 and paragraphs (a) to (c) of subsection (2) of the said section 27.

2         At the end of each financial year any deficit in the account shall be made good out of the general rate fund, and (subject to paragraph 3 below) any surplus shall be applied for such purpose as the council thinks fit.

3         If the council so determine, any amount not applied in any financial year, instead of being or remaining so appropriated, may be carried forward in the account kept under paragraph 1 above to the next financial year.

4         Each council shall, after each financial year, report to the Secretary of State on any action taken by them, pursuant to paragraph 2 or 3 above, in respect of any deficit or surplus in their account for the year.

5         The report under paragraph 4 above shall be made as soon after the end of the financial year to which it relates as possible.

6         In any proceedings a certificate which—
(a)    purports to be signed by or on behalf of, the chief finance officer of the council; and
(b)    states that payment of a fixed penalty was or was not received by a date specified in the certificate,
    shall be evidence of the facts stated.

7.         In this Schedule, “chief finance officer”, in relation to a council, means the person having responsibility for the financial affairs of the council.

 

 
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Prepared 4 December 2001