Paragraph 7 F1
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.
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.
Paragraphs (2) to (5) of Article 6 apply in relation to notices given under this paragraph as they apply to notices under that Article.
The amount of the fixed penalty payable to a district council under this paragraph—
is the amount specified by the council in relation to its district; or
if no amount is so specified, is £75.
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.
In any proceedings a certificate which—
purports to be signed on behalf of the clerk of the council, and
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.
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.
A person commits an offence if—
he fails to give his name and address when required to do so under sub-paragraph (7); or
he gives a false or inaccurate name or address in response to a requirement under that sub-paragraph.
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.
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