OpenLegislation

Paragraph 7 F1

(1)

This paragraph applies where on any occasion it appears to an authorised officer of a district council that a person has committed an offence under paragraph 1 on any land designated by the council under this Schedule.

(2)

The authorised officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the council.

(3)

Paragraphs (2) to (5) of Article 6 apply in relation to notices given under this paragraph as they apply to notices under that Article.

(4)

The amount of the fixed penalty payable to a district council under this paragraph—

(a)

is the amount specified by the council in relation to its district; or

(b)

if no amount is so specified, is £75.

(5)

The district council to which a fixed penalty is payable under this paragraph may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the council.

(6)

In any proceedings a certificate which—

(a)

purports to be signed on behalf of the clerk of the council, 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.

(7)

If an authorised officer of a district council proposes to give a person a notice under this paragraph, the officer may require the person to give him his name and address.

(8)

A person commits an offence if—

(a)

he fails to give his name and address when required to do so under sub-paragraph (7); or

(b)

he gives a false or inaccurate name or address in response to a requirement under that sub-paragraph.

(9)

A person guilty of an offence under sub-paragraph (8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10)

In this paragraph “ clerk of the council ”, in relation to a district council, means the clerk appointed in accordance with section 41 of the Local Government Act (Northern Ireland) 1972.

Annotations

Textual amendments

F1

Sch. 1A inserted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), ss. 21(3), 78; S.R. 2012/13, Sch. 2