London Councils' Transport and Environment Committee has a statutory role in setting penalty levels for London's legislation and byelaws on behalf of the 32 London boroughs and the City of London, and publishing the levels set. It always undertakes consultation before doing so.
This document is a table of the penalty levels set by TEC. It is intended to make it easier for officers to identify what the penalty levels are when considering whether to adopt the powers. Whilst the penalty levels have been set, a particular borough is not necessarily using the powers. Officers noting any errors or omissions are asked to contact us.
Process for setting penalty levels
This document sets out the process that needs to be followed should TEC need to set penalty levels for legislation or byelaws.
Codes of Practice and Good Practice Guides
Where these have been produced, these can be viewed here:
Who sets penalty levels?
This depends on the legislation. Most government legislation gives local authorities the powers to set their own penalty levels (for example the Environment Protection Act 1990). Some government legislation sets limits on the minimum and maximum penalties that can be issued (for example the Deregulation Act 2015 and The Single Use Carrier Bags Charges (England) Order 2015). Most London legislation involves a role for TEC.
TEC is the Transport and Environment Committee and is a statutory committee of London Councils. Where it has the power in law to do so, it sets penalty levels for a range of offences, mostly related to parking, highways or the environment. It always undertakes public consultation before setting penalty levels.
When setting penalty levels, TEC takes into account penalties for similar offences to see if they are applicable, the costs of administration and enforcement, and is minded that excessive levels of penalty can encourage non-payment.
Can they change?
Penalty levels can change, but only if:
- The penalty is not already set at the maximum or minimum prescribed by government (depending on whether the proponent wants the penalty raised or lowered);
- There is clear evidence that the level of penalty currently set is not working (for example, enforcement or administrative costs have risen significantly);
- TEC agrees to consult on setting new penalty levels.
The only grounds for setting penalty levels are to cover the costs of enforcement and administration of the charge. Penalties are not an income stream for boroughs.
LEDNET (the London Environment Directors Network) determined in 2015 that there were not any penalties that needed to be changed.