SCHEDULES

C1F1SCHEDULE 6BFIXED PENALTIES FOR CERTAIN OFFENCES UNDER PART 4

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)

Judicial determination of enforcement of fixed penalty

11

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.