Section 8 Fixed penalty notices.I1E1
England, Wales and Northern Ireland
Where an officer of a local authority who is authorised for the purposes of this section has reason to believe that a person is committing or has just committed an offence under section 4 F1or 4A, he may give that person a notice (referred to in this Act as a “fixed penalty notice”) offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
A fixed penalty notice may be given to a person—
by delivering the notice to him, or
if it is not reasonably practicable to deliver it to him, by leaving the notice, addressed to him, at the offending dwelling F2or the offending premises (as the case may be) .
Where a person is given a fixed penalty notice in respect of such an offence—
proceedings for that offence must not be instituted before the end of the period of fourteen days following the date of the notice, and
he cannot be convicted of that offence if he pays the fixed penalty before the end of that period.
A fixed penalty notice must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
A fixed penalty notice must state—
the period during which, because of subsection (3)(a), proceedings will not be taken for the offence,
the amount of the fixed penalty, and
the person to whom and the address at which the fixed penalty may be paid.
Payment of the fixed penalty may (among other methods) be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).
Where a letter containing the amount of the penalty is sent in accordance with subsection (6), payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
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Annotations
Textual amendments
- F1
Words in s. 8(1) inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 10(2); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk) and words in s. 8(1) inserted (N.I.) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 1 para. 10(2); S.R. 2012/13, art. 2(2), Sch. 2
- F2
Words in s. 8(2)(b) inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 10(3); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk) and words in s. 8(2)(b) inserted (N.I.) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 1 para. 10(3); S.R. 2012/13, art. 2(2), Sch. 2
- F3
S. 8(8) repealed (E.W.) (16.3.2006 for W. for specified purposes, 6.4.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 82(1), 108(1), (2), Sch. 5 Pt. 7; S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 4(jj); s. 8(8) repealed (N.I.) (18.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), ss. 61(1), 78, Sch. 4 Pt. 4; S.R. 2012/13, art. 2(1), Sch. 1Sch. 2
Commencement
- I1
S. 8 wholly in force at 1.9.1997; s. 8 not in force at Royal Assent see s. 14(2); s. 8 in force at 23.7.1997 for England and Wales by S.I. 1997/1695, art. 2 and 1.9.1997 for Northern Ireland by S.R. 1997/366, art. 2
Extent
- E1
In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 14; see 14(4)