Regulation 30 Fixed penalties

(1)

If an authorised person has reason to believe that a person has committed an offence under regulation 4 in relation to—

(a)

refrigeration equipment;

(b)

air conditioning; or

(c)

heat pump equipment,

kept on premises used only as a private dwelling house, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

(2)

Where a person is given a fixed penalty notice under this regulation in respect of an offence—

(a)

no proceedings may be instituted for that offence before the expiry of 28 days following the date of the fixed penalty notice; and

(b)

he may not be convicted of that offence if he pays the fixed penalty before the expiry of that period.

(3)

A fixed penalty notice must contain such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

(4)

A fixed penalty notice must state—

(a)

the period during which, by virtue of paragraph (2), proceedings cannot be taken for the offence;

(b)

the amount of the fixed penalty;

(c)

the name of the person to whom and the address at which the fixed penalty may be paid.

(5)

Payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of penalty.

(6)

Where a letter is sent in accordance with paragraph (5) payment is deemed to be made at the time at which that letter would be delivered in the ordinary course of post.

(7)

A fixed penalty notice must be in the form set out in Schedule 2.

(8)

The amount of fixed penalty payable in pursuance of a fixed penalty notice is £100 which must be paid to the relevant enforcing authority.

(9)

In any proceedings, a certificate which—

(a)

purports to be signed by or on behalf of the chief finance officer of the relevant enforcing authority; and

(b)

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

is evidence of the facts stated.

(10)

In this regulation,—

(a)

“fixed penalty notice” means a notice given under paragraph (1);

(b)

“relevant enforcing authority” means the enforcing authority who or which authorised the authorised person who served the fixed penalty notice in question.