Schedule 2 Section 24 – Stationary idling offence: fixed penalty
122.Section 87 of the 1995 Act enables the Welsh Ministers to make various provisions in regulations for the purposes of Part 4 of that Act. This includes provision enabling a person to discharge liability to conviction for an offence by paying a penalty of an amount prescribed in the regulations (a “fixed penalty”).
123.Section 24(2)(a) of the Act amends and inserts new provision into section 87(2)(o) of the 1995 Act so that, in the case of a stationary idling offence prescribed by the Welsh Ministers, regulations under section 87 of the 1995 Act can, instead, prescribe a monetary range within which the amount of the penalty may be set.
124.A “stationary idling offence” is defined in new section 87(2B) of the 1995 Act, which is inserted by section 24(2)(b) of the Act.
125.Section 24(3) amends Schedule 11 (air quality: supplemental provision) to the 1995 Act, to include in the definition of fixed penalty, an amount falling within a prescribed monetary range. It also amends the definition of “fixed penalty notice” in that Schedule to reflect this change.