Regulation 7 Circumstances in which a charge need not be paid or is to be refundedI1

Scotland

(1)

A charge is not payable under these Regulations where—

(a)

the conduct constituting the contravention is the subject of criminal proceedings; or

(b)

a fixed penalty notice, as defined by section 52 of the Road Traffic Offenders Act 1988^f1, has been given in respect of that conduct.

(2)

Where, notwithstanding the provisions of paragraph (1)—

(a)

a charge has been paid in respect of a contravention; and

(b)

the circumstances are as mentioned in paragraph (1)(a) or (b),

the approved local authority must, as soon as reasonably practicable after those circumstances come to their notice, refund the amount of the charge.

Annotations

f1: Section 52 was amended by the Access to Justice Act 1999 (c.22), Schedule 13, paragraph 147, and by the Statute Law (Repeals) Act 2004 (c.14), Schedule 1, Part 14.