Paragraph 11 F1

(1)

A person against whom a fixed penalty bears to be enforceable under paragraph 10 may apply to the sheriff by summary application for a declaration that the fixed penalty is not enforceable on the ground that—

(a)

the fixed penalty was paid before the expiry of the period for paying; or

(b)

the person has made a request for a hearing in accordance with paragraph 7 and no hearing has been held within a reasonable time after the request.

(2)

On an application under sub-paragraph (1), the sheriff may declare—

(a)

that the person has or, as the case may be, has not paid the fixed penalty within the period for payment of the penalty;

(b)

that the person has or, as the case may be, has not requested a hearing in accordance with paragraph 7;

(c)

that, where such a request has been made, a hearing has or, as the case may be, has not been held within a reasonable time after the request, and

accordingly, that the fixed penalty is or, as the case may be, is not enforceable.

Annotations

Textual amendments

F1: Sch. 8B inserted (1.10.2008) by Transport (Scotland) Act 2005 (asp 12), s. 54(2), sch. 7; S.S.I. 2008/15, art. 2(3), sch. 2