Section 31 Withdrawal of fixed penalty notice or expiry of period for payingI1

(1)

A notice may be withdrawn by a F1fixed penalty officer, if the officer determines that the offence to which the notice relates was not committed or that the notice ought not to have been issued to the person to whom it was issued.

(2)

Where a notice has been withdrawn—

(a)

no amount is payable by way of fixed penalty in pursuance of that notice,

(b)

any amount paid by way of fixed penalty in pursuance of the notice must be repaid to the person.

(3)

Where the period for paying has expired no amount is payable by way of fixed penalty in pursuance of that notice.

Annotations

Textual amendments

F1: Words in s. 31(1) substituted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 60(4), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

Commencement

I1: S. 31 in force at 1.8.2007 by S.S.I. 2007/333, art. 2(1)

Notes on Part 4

Textual amendments

F1: Pt. 4 title substituted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 60(5), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

Notes on ...

Textual amendments

F1: S. 25 cross-heading repealed (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 60(6), 66(2) (with s. 65); S.S.I. 2013/249, art. 2