Regulation 7 Power to give a fixed penalty noticeF1

(1)

An enforcement officer may, if having reason to believe that a person is committing or has committed an offence under regulation 3(1) or (2) of these Regulations, give that person a fixed penalty notice.

(2)

A fixed penalty notice for an offence under regulation 3(1) or (2) of these Regulations may not be given more than 14 days after the day on which the offence took place.

(3)

Where a person is given a fixed penalty notice in respect of an offence under regulation 3(1) or (2) of these Regulations—

(a)

no proceedings may be instituted for that offence before the end of the period of 28 days beginning with the date of the notice, and

(b)

the person may not be convicted of the offence if—

(i)

the discounted amount is paid before the end of the period of 14 days beginning with the date of the notice, or

(ii)

the fixed penalty is paid before the end of the period of 28 days beginning with the date of the notice.

(4)

A fixed penalty payable in pursuance of a fixed penalty notice under this regulation is to be paid to the local authority in whose area the offence was committed.

(5)

In any proceedings, a certificate which—

(a)

purports to be signed by the person having responsibility for the financial affairs of the local authority to which the fixed penalty is to be paid, and

(b)

states that payment of a fixed penalty or discounted amount was or was not received by the date specified in the certificate,

is evidence of the facts stated.

(6)

An enforcement officer may require a person to give their name, address and date of birth, if the enforcement officer proposes to give the person a fixed penalty notice.

(7)

A person commits an offence if the person—

(a)

fails to give a name, address or date of birth when required to so under paragraph (6), or

(b)

gives a false of inaccurate name, address or date of birth in response to a requirement under that paragraph.

(8)

A person who commits an offence under paragraph (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9)

In this regulation and regulations 8 and 9, “fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for an offence under regulation 3(1) or (2) of these Regulations by payment of a fixed penalty.

Annotations

Textual amendments

F1: Regs. 7-9 inserted (31.3.2025) by The Environmental Protection (Injurious Articles) (Fixed Penalty Notices and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/28), regs. 1(1), 3(2)