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Antisocial Behaviour etc. (Scotland) Act 2004
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Antisocial Behaviour etc. (Scotland) Act 2004, Section 130 is up to date with all changes known to be in force on or before 28 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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130Amount of fixed penalty and form of fixed penalty noticeS
This section has no associated Explanatory Notes
(1)Subject to subsection (2), the penalty payable in respect of a fixed penalty offence is such amount as the Scottish Ministers may specify by order.
(2)The Scottish Ministers may not specify an amount exceeding level 2 on the standard scale.
(3)A fixed penalty notice shall—
(a)state the alleged offence;
(b)give such particulars of the circumstances alleged to constitute the offence as are necessary to provide reasonable information about it;
(c)state the amount of the fixed penalty;
(d)state the clerk of the [F1justice of the peace court] to whom, and the address at which, the fixed penalty may be paid;
(e)inform the person to whom it is given of the right to ask to be tried for the alleged offence and explain how that right may be exercised; and
(f)include such other information as the Scottish Ministers may by order prescribe.
Textual Amendments
F1Words in s. 130(3)(d) substituted (for specified purposes at 10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009 and 14.12.2009, and otherwise 22.2.2010) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 32(b); S.S.I. 2008/42, art. 3, Sch. (with arts. 4-6); S.S.I. 2008/192, art. 3, Sch; S.S.I. 2008/329, art. 3, Sch; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2
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