Paragraph 8 F1
If the road works authority consider (whether after holding a hearing under paragraph 7 or not) that a fixed penalty notice which has been given ought not to have been given, they may give to the person to whom it was given a notice withdrawing the fixed penalty notice.
Where a notice under sub-paragraph (1) is given—
the road works authority shall repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice, and
no proceedings shall be commenced or continued against that person for the offence in question.
The road works authority shall consider any representations made by or on behalf of the recipient of a fixed penalty notice and decide in all the circumstances whether to withdraw the notice.
Annotations
Textual amendments
- F1
Sch. 6B inserted (S.) (1.10.2008) by Transport (Scotland) Act 2005 (asp 12), s. 54(2), sch. 5; S.S.I. 2008/15, art. 2(3), sch. 2
Notes on Schedule 6B
Modifications
- C1
Sch. 6B restricted (1.10.2008) by The Road Works (Fixed Penalty) (Scotland) Regulations 2008 (S.S.I. 2008/244), regs. 1, 3