{
  "url": "https://openlegislation.uk/draft-parking-prohibitions-enforcement-and-accounts-scotland-regulations-2023/regulation-8",
  "json_url": "https://openlegislation.uk/draft-parking-prohibitions-enforcement-and-accounts-scotland-regulations-2023/regulation-8.json",
  "legislation": "sdsi/2023/9780111058268",
  "legislation_title": "The Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023",
  "legislation_url": "https://openlegislation.uk/draft-parking-prohibitions-enforcement-and-accounts-scotland-regulations-2023",
  "path": "regulation/8",
  "kind": "regulation",
  "number": "8",
  "heading": "Circumstances in which a charge is not payable or is to be refunded",
  "text": "(1) No penalty charge is payable in relation to a contravention where the conduct in respect of which the penalty charge is imposed is the subject of—\n(a) criminal proceedings,\n(b) a fixed penalty notice (within the meaning of section 52(1) (fixed penalty notices) of the Road Traffic Offenders Act 1988), or\n(c) a penalty charge notice issued under section 66(1) (parking penalties in London) of the Road Traffic Act 1991 (as applied by an order under paragraph 1 or 2 of schedule 3 of that Act).\n(2) Where, despite paragraph (1)—\n(a) a penalty charge is paid in respect of a contravention, and\n(b) the conduct in respect of which the penalty charge is imposed is the subject of proceedings or a notice as mentioned in paragraph (1)(a) to (c),\nthe local authority must, as soon as reasonably practicable after the circumstances in sub-paragraph (b) come to its notice, refund the amount of the penalty charge which has been paid.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1991 c. 40. Section 66 was repealed in relation to England and Wales by paragraph 1 of schedule 12 of the Traffic Management Act 2004 (c. 18)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2023/9780111058268/regulation/8",
    "retrieved_at": "2026-10-30T15:29:37.045266+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}