{
  "url": "https://openlegislation.uk/health-and-social-care-act-2008/section-86",
  "json_url": "https://openlegislation.uk/health-and-social-care-act-2008/section-86.json",
  "legislation": "ukpga/2008/14",
  "legislation_title": "Health and Social Care Act 2008",
  "legislation_url": "https://openlegislation.uk/health-and-social-care-act-2008",
  "path": "section/86",
  "kind": "section",
  "number": "86",
  "heading": "Penalty notices",
  "text": "(1) Where the Commission is satisfied that a person has committed a fixed penalty offence, the Commission may give the person a penalty notice in respect of the offence.\n(2) A fixed penalty offence is any Part 1 offence that is prescribed for the purposes of this section.\n(3) A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence to which the notice relates by payment of a penalty in accordance with the notice.\n(4) Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.\n(5) Where a person is given a penalty notice, the person cannot be convicted of the offence to which the notice relates if the person pays a penalty in accordance with the notice.\n(6) Penalties under this section are payable to the Commission.\n(7) Penalties received by the Commission under this section must be paid to the Secretary of State.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 86 partly in force; S. 86 in force for specified purposes at Royal Assent, see s. 170"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 86 in force at 1.4.2009 in so far as not already in force by S.I. 2009/462, art. 2(1), Sch. 1 para. 28"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2008/14/section/86",
    "retrieved_at": "2026-10-29T09:12:00.738432+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."
}