Paragraph 7 F1

(1)

The earliest date that proceedings for the offence may be commenced is the day after the payment deadline.

(2)

But no such proceedings may be commenced against a person if—

(a)

the person makes payment of the discounted amount on or before the discounted payment deadline (or that deadline as extended under paragraph 5(4)); or

(b)

the person makes payment of the fixed penalty on or before the payment deadline (or that deadline as extended under paragraph 5(2)).

(3)

In proceedings for the offence, a certificate which—

(a)

purports to be signed by or on behalf of a person having responsibility for the financial affairs of the enforcement authority; and

(b)

states that payment of an amount specified in the certificate was, or was not, received by a date so specified,

is sufficient evidence of the facts stated.

(4)

Where the enforcement authority is a local authority, the reference to a person having responsibility for the financial affairs of the enforcement authority in sub-paragraph (3)(a) is to be read as a reference to the person who has, as respects the local authority, the responsibility mentioned in section 95 of the Local Government (Scotland) Act 1973 (financial administration).

Annotations

Textual amendments

F1: Sch. 1A inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 43(3), 61(2); S.S.I. 2014/160, art. 2(1)(2), Sch.