Paragraph 16
This paragraph applies if a F1district council or other enforcement authority considers that a penalty notice which an authorised officer acting on its behalf has given to a person ought not to have been given.
The F2district council or other enforcement authority may give notice to that person withdrawing the penalty notice.
If it does so—
it must repay to that person any amount which has been paid by way of penalty in pursuance of the penalty notice, and
no proceedings may be brought or continued against that person for the offence in question.
The F3council or other enforcement authority must 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
Words in Sch. 1 para. 16(1) substituted (1.2.2022) by The Smoke-Free (Private Vehicles) Regulations (Northern Ireland) 2021 (S.R. 2021/328), regs. 1(1), 6(2)
- F2
Words in Sch. 1 para. 16(2) substituted (1.2.2022) by The Smoke-Free (Private Vehicles) Regulations (Northern Ireland) 2021 (S.R. 2021/328), regs. 1(1), 6(2)
- F3
Words in Sch. 1 para. 16(4) substituted (1.2.2022) by The Smoke-Free (Private Vehicles) Regulations (Northern Ireland) 2021 (S.R. 2021/328), regs. 1(1), 6(3)