Antisocial Behaviour etc. (Scotland) Act 2004

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

Modifications etc. (not altering text)

C1Ss. 129-134 applied (with modifications) (temp.) (26.3.2020 at 7.15 p.m.) by The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 (S.S.I. 2020/103), regs. 1(1), 9(6)(7) (with reg. 11)

C3Ss. 129-134 applied (with modifications) (temp.) (5.8.2020 at 5.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (Aberdeen City) Regulations 2020 (S.S.I. 2020/234), regs. 1, 8(6)(7) (with reg. 9)