Part 5: Road traffic Section 89: Courses offered as an alternative to prosecution: fees etc
This section provides a clear statutory footing for the charging of fees for courses offered as an alternative to prosecution for fixed penalty offences.
	Subsection (1) inserts Part 3B, comprising sections 90G to 90I, into the RTOA 1988.
	New section 90G(1) confers power on policing bodies to charge a fee to a person who enrolls on a course offered in England and Wales in relation to a specified fixed penalty offence; and new section 90G(2) allows for the fee charged to be set at a level which exceeds the cost of the course and related administrative expenses. Any excess generated by the charge must be used for the purpose of promoting road safety.
	New section 90G(3) confers power on the Secretary of State to specify in regulations the level of fees, use of fee income, and how fees are to be calculated. This will not affect policing bodies’ duty to be open and transparent about the way they account for expenditure. New section 90G(4) specifies that regulations made under 90G(3) can set the amount of maximum amount of a fee.
	New section 90(6) gives the Secretary of State the power to which offences are fixed penalty offences for which courses can be offered, and to specify a body to approve the courses which can be offered under this section. New section 90G(7) specifies that nothing in this section limits any other power to charge fees, except for within this section.
	New section 90H allows provision to be made, in regulations, to prevent courses being offered to repeat offenders. New section 90I sets out the procedure for making regulations and specifies that regulations made under this power are subject to the negative resolution procedure (new section 90I(2)).
	Subsection (2) makes equivalent provisions for Northern Ireland by amending Part 4B the Road Traffic Offenders (Northern Ireland) Order 1996.
	Subsection (3) enables the Secretary of State to make corresponding or similar provision for Scotland in relation to fixed penalty offences by way of statutory instrument subject to the positive resolution procedure (subsection (7)), but the Secretary of State must consult the Lord Advocate before doing so (subsection (5)).