# The Street Works (Northern Ireland) Order 1995, Paragraph 3: Penalty notices


(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—
(a) a notice stating that the Secretary of State has decided not to give a penalty notice to the person, or
(b) a penalty notice.
(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).
(3) A penalty notice given to a person must—
(a) state the name and address of the person;
(b) give details of the warning notice given to the person;
(c) state whether or not the Secretary of State has received written representations in accordance with that notice;
(d) give reasons for the Secretary of State’s decision to impose a penalty on the person;
(e) state the amount of the penalty;
(f) give details of how the penalty may be paid;
(g) specify the date before which the penalty must be paid;
(h) give details about the person’s rights of appeal;
(i) give details about the consequences of non-payment.
(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.
(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.
(6) If a penalty notice is cancelled, the Secretary of State—
(a) may not give a further penalty notice in relation to the failure or conduct to which the notice relates, and
(b) must repay any amount that has been paid in accordance with the notice.

---
Source: https://www.legislation.gov.uk/nisi/1995/3210/schedule/2ZA/paragraph/3 (the official version)
Page: https://openlegislation.uk/street-works-northern-ireland-order-1995/schedule-2ZA/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

