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The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No.2) Order 2004

As Enacted Cited authorities 21 Cited in Amendments 2 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2004/2468
Year2004

2004 No. 2468

CRIMINAL LAW, ENGLAND AND WALES

The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No.2) Order 2004

Made 20th September 2004

Laid before Parliament 20th September 2004

Coming into force in accordance with article 1(1)

The Secretary of State, in exercise of the powers conferred upon him by section 3(1) of the Criminal Justice and Police Act 20011hereby makes the following Order:

S-1 This Order may be cited as the Penalties for Disorderly...

1.—(1) This Order may be cited as the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No.2) Order 2004 and shall come into force—

(a)

(a) for the purposes of the entry relating to section 11 of the Fireworks Act 20032in Part 1 of the Schedule, as substituted by article 2(b) of this Order, on 11th October 2004; and

(b)

(b) for all other purposes on 1st November 2004.

(2) In this Order “the 2002 Order” means the Penalties for Disorderly Behaviour (Amount of Penalty) Order 20023.

S-2 The 2002 Order is amended as follows— in article 2(b) of the ...

2. The 2002 Order is amended as follows—

(a) in article 2(b) of the 2002 Order, for “£40” there is substituted “£50”; and

(b) for the Schedule to the 2002 Order there is substituted the Schedule to this Order.

Hazel Blears

Minister of State

Home Office

20th September 2004

SCHEDULE

Article 2

SCHEDULE

1 OFFENCES ATTRACTING £80 PENALTY

PART I

OFFENCES ATTRACTING £80 PENALTY

Offence creating provision

Description of offence

Section 80 of the Explosives Act 1875 (c. 17)4

Throwing fireworks in a thoroughfare

Section 31 of the Fire Services Act 1947 (c. 41)5

Knowingly giving a false alarm to a fire brigade

Section 169A of the Licensing Act 1964 (c. 26)

Sale of alcohol to a person under 18

Section 169C(2) and (3) of the Licensing Act 1964 (c. 26)

Buying or attempting to buy alcohol for a person under 18

Section 169F of the Licensing Act 1964 (c. 26)

Delivery of alcohol to a person under 18 or allowing such delivery

Section 5(2) of the Criminal Law Act 1967 (c. 58)

Wasting police time or giving false report

Section 91 of the Criminal Justice Act 1967 (c. 80)

Disorderly behaviour while drunk in a public place

Section 1 of the Theft Act 1968 (c. 60)

Theft

Section 1(1) of the Criminal Damage Act 1971 (c. 48)

Destroying or damaging property

Section 5 of the Public Order Act 1986 (c. 64)

Behaviour likely to cause harassment, alarm or distress

Section 127(2) of the Communications Act 2003 (c. 21)

Using a public electronic communications network in order to cause annoyance, inconvenience or needless anxiety

Section 11 of the Fireworks Act 2003 (c. 22)

Contravention of a prohibition or failure to comply with a requirement imposed by or under fireworks regulations or making false statements

Section 49 of the Fire and Rescue Services Act 2004 (c. 21)6

Knowingly giving a false alarm to a person acting on behalf of a fire and rescue authority
2 OFFENCES ATTRACTING £50 PENALTY

PART II

OFFENCES ATTRACTING £50 PENALTY

Offence creating provision

Description of offence

Section 12 of the Licensing Act 1872 (c. 94)

Being drunk in a highway, other public place or licensed premises

Section 55 of the British Transport Commission Act 1949 (c.xxix)

Trespassing on a railway

Section 56 of the British Transport Commission...

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