Chapter 1: Fixed penalty notices Section 4: Matters to be taken into account
Section 4 details the considerations enforcement authorities or constables must apply before issuing fixed penalty notices.
	Subsection (1) states that an enforcement authority or constable must take into account the factors mentioned in subsection (2) in deciding (a) whether to issue a fixed penalty notice to a person under section 1 or 2, and (b) the amount to be specified in the notice.
	Subsection (2) lists the factors to be considered by an enforcement authority or constable. These are: (a) the seriousness of the relevant conduct; (b) the duration of the relevant conduct; (c) any evidence of intention behind the relevant conduct; (d) any evidence of previous acts or omissions by the relevant person similar to the relevant conduct; (e) any action taken by the relevant person to eliminate or reduce any risk of harm resulting from the relevant conduct; (f) any action taken by the relevant person to remedy or mitigate any harm resulting from the relevant conduct; (g) whether the relevant person reported the relevant conduct to an enforcement authority or constable; (h) the conduct of the relevant person after the relevant conduct is drawn to their attention by an enforcement authority or constable.
	Subsection (3) details that the Secretary of State must give guidance about (a) additional matters to be taken into account in deciding whether to issue a fixed penalty notice; (b) additional matters to be taken into account in deciding the amount to be specified in the notice; and (c) how the factors listed in subsection (2) and any additional matters detailed in paragraphs (a) or (b) need to be taken into account.
	Subsection (4) establishes that the guidance is to be laid before Parliament and thus be subject to scrutiny before it is introduced.
	Subsection (5) clarifies that enforcement authorities or constables need to have regard to the guidance.