# Climate Change (Scotland) Act 2009, Paragraph 7


(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).

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Source: https://www.legislation.gov.uk/asp/2009/12/schedule/1A/paragraph/7 (the official version)
Page: https://openlegislation.uk/climate-change-scotland-act-2009/schedule-1A/paragraph-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

