Paragraph 8 F1
(1)
A recipient of a notice may make representations to the enforcement authority as to why the notice ought not to have been given.
(2)
If, having considered any representations under sub-paragraph (1), the enforcement authority considers that the notice ought not to have been given, it may give to the person a notice withdrawing the notice.
(3)
Where a notice under sub-paragraph (2) is given—
(a)
the enforcement authority must repay any amount which has been paid in pursuance of the fixed penalty notice; and
(b)
no proceedings may be commenced against the person for the offence.
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.