{
  "url": "https://openlegislation.uk/new-roads-and-street-works-act-1991/schedule-5A/paragraph-3",
  "json_url": "https://openlegislation.uk/new-roads-and-street-works-act-1991/schedule-5A/paragraph-3.json",
  "legislation": "ukpga/1991/22",
  "legislation_title": "New Roads and Street Works Act 1991",
  "legislation_url": "https://openlegislation.uk/new-roads-and-street-works-act-1991",
  "path": "schedule/5A/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": "Penalty notices",
  "text": "(1) Within the period of six months beginning with the day on which a warning notice is given to a person the Secretary of State must give to the person—\n(a) a notice stating that the Secretary of State has decided not to give a penalty notice to the person, or\n(b) a penalty notice.\n(2) But the Secretary of State may not give a penalty notice to a person before the date specified in the warning notice in accordance with paragraph 2(2)(d).\n(3) A penalty notice given to a person must—\n(a) state the name and address of the person;\n(b) give details of the warning notice given to the person;\n(c) state whether or not the Secretary of State has received written representations in accordance with that notice;\n(d) give reasons for the Secretary of State’s decision to impose a penalty on the person;\n(e) state the amount of the penalty;\n(f) give details of how the penalty may be paid;\n(g) specify the date before which the penalty must be paid;\n(h) give details about the person’s rights of appeal;\n(i) give details about the consequences of non-payment.\n(4) The date specified under sub-paragraph (3)(g) must be a date falling at least 28 days after the day on which the penalty notice is given.\n(5) The Secretary of State may cancel a penalty notice by giving a notice to that effect to the person to whom the penalty notice is given.\n(6) If a penalty notice is cancelled, the Secretary of State—\n(a) may not give a further penalty notice in relation to the failure or conduct to which the notice relates, and\n(b) must repay any amount that has been paid in accordance with the notice.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 5A inserted (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), s. 142(1)(2)(h), Sch. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1991/22/schedule/5A/paragraph/3",
    "retrieved_at": "2026-11-07T03:34:08.105882+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."
}