Part 4 S [F1 Fixed penalty notices]

Textual Amendments

F1 Pt. 4 title substituted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 60(5), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

F2 ... S

Textual Amendments

F2 S. 25 cross-heading repealed (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 60(6), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

30 Restriction on proceedings and notification of procurator fiscal S

(1) Proceedings in respect of an offence to which a notice relates may not be brought against the person to whom the notice relates unless the procurator fiscal has been notified in accordance with subsection (2) or (3).

(2) Where an intimation is made under section 29(1), the Scottish Ministers must notify the procurator fiscal; unless the notice is withdrawn under section 31.

(3) Where—

(a) payment of the fixed penalty has not been made before the expiry of the period for paying, and

(b) no intimation has been made under section 29(1),

the Scottish Ministers must notify the procurator fiscal; unless the notice is withdrawn under section 31.

(4) In proceedings for an offence, a certificate which—

(a) purports to be signed by or on behalf of the Scottish Ministers, and

(b) states that payment of an amount specified in the certificate was or was not received by a date so specified,

is sufficient evidence of the facts stated.

Commencement Information

I1 S. 30 in force at 1.8.2007 by S.S.I. 2007/333, art. 2(1)