The Act Commentary on Sections Nuisance Parking Section 8 Use of fixed penalty receipts
42.Subsections (2) and (3) enable local authorities to use the receipts from fixed penalty notices issued pursuant to section 6 for the purposes of their functions under the Refuse Disposal (Amenity) Act 1978, under sections 99 to 102 of the Road Traffic Regulation Act 1984, functions relating to the enforcement of sections 3 and 4, and for other functions as are specified in regulations.
43.Subsections (4) to (7) make further provisions relating to the spending of fixed penalty receipts.
44.Subsection (8) allows regulations governing the spending by English local authorities of fixed penalties received pursuant to section 6 to be linked to categories of local authority (categorised in an order made pursuant to section 99(4) of the Local Government Act 2003). This is achieved by treating the regulation-making powers in section 8 as though they were included in section 100(2) of the Local Government Act 2003. For example, a local authority categorised as ‘excellent’ might be allowed (by virtue of regulations under subsection (2)(d)) to use its receipts for any of its functions.