Tobacco and Primary Medical Services (Scotland) Act 2010

SCHEDULE 1 S Fixed penalties

(introduced by section 27)

Preliminary S

1 S In this schedule, unless the context requires otherwise—

• “notice” means a fixed penalty notice given under section 27(1),

• “the offence” means the offence to which the notice relates,

• “the council” means the council in whose area the offence was alleged to have been committed.

Commencement Information

I1 Sch. 1 para. 1 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

Content of fixed penalty notice S

2 (1) A notice must give reasonable particulars of the circumstances alleged to constitute the offence. S

(2) A notice must also contain the following information—

(a) the amount of the fixed penalty,

(b) the payment deadline,

(c) the discounted amount and the discounted payment deadline,

(d) the name of the council (or the person acting on the council's behalf) to which payment should be made,

(e) the address at which payment should be made,

(f) the method by which payment should be made.

(3) A notice must state the following—

(a) any liability to conviction of the offence is discharged if the person makes payment of—

(i) the fixed penalty before the payment deadline, or

(ii) the discounted amount before the discounted payment deadline,

(b) the payment of a fixed penalty is not a conviction nor may it be recorded as such,

(c) no proceedings may be commenced against the person in respect of the offence unless the payment deadline has passed and the fixed penalty has not been paid.

Commencement Information

I2 Sch. 1 para. 2 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

Period in which notice can be given S

3 S A notice may not be given after such time relating to the offence as may be prescribed.

Commencement Information

I3 Sch. 1 para. 3 in force at 24.10.2010 for specified purposes and 1.4.2011 in so far as not already in force by S.S.I. 2010/345, art. 2, Sch.

Amount of penalty S

4 (1) The— S

(a) amount of the fixed penalty, and

(b) discounted amount,

are such amounts as may be prescribed.

(2) Regulations under sub-paragraph (1) may provide for the amount to be different depending on whether, during a prescribed period, the offender has been—

(a) issued with a fixed penalty notice or notices in respect of any offence or offences of a prescribed description, or

(b) convicted of any offence or offences of a prescribed description.

Commencement Information

I4 Sch. 1 para. 4 in force at 24.10.2010 for specified purposes and 1.4.2011 in so far as not already in force by S.S.I. 2010/345, art. 2, Sch.

Deadlines for payment S

5 (1) The payment deadline is the first working day at least 28 days after the day on which the notice is given. S

(2) But the council may extend the payment deadline in any particular case after the notice is given if it considers it appropriate to do so.

(3) On extending the payment deadline under sub-paragraph (2), the council must notify the recipient of the fixed penalty notice.

(4) The discounted payment deadline is the first working day at least 14 days after the day on which notice is given.

Commencement Information

I5 Sch. 1 para. 5 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

Method of payment S

6 S The fixed penalty (and the discounted payment amount) is payable—

(a) to the council or the person acting on its behalf specified in the notice,

(b) at the address specified in the notice,

(c) by the method specified in the notice.

Commencement Information

I6 Sch. 1 para. 6 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

Restriction on proceedings and effect of payment S

7 (1) The earliest date that proceedings for the offence may be commenced is the day after the payment deadline. S

(2) But no such proceedings may be commenced against a person if—

(a) the person makes payment of the discounted amount on or before the discounted payment deadline, or

(b) the person makes payment of the fixed penalty on or before the payment deadline.

(3) In proceedings for the offence, a certificate which—

(a) purports to be signed by or on behalf of a person having responsibility for the financial affairs of the council, 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

I7 Sch. 1 para. 7 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

Withdrawal of fixed penalty notice S

8 (1) A recipient of a notice may make representations to the council as to why the notice ought not to have been given. S

(2) If, having considered any representations made under sub-paragraph (1), the council considers that a fixed penalty notice ought not to have been given, it may give to the person a notice withdrawing the fixed penalty notice.

(3) Where a notice under sub-paragraph (2) is given—

(a) the council must repay any amount which has been paid in pursuance of the fixed penalty notice, and

(b) no proceedings are to be commenced against the person for the offence.

Commencement Information

I8 Sch. 1 para. 8 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

Effect of prosecution on fixed penalty notice S

9 S Where proceedings for an offence in respect of which a notice has been given are commenced, the notice is to be treated as withdrawn.

Commencement Information

I9 Sch. 1 para. 9 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

General and supplemental S

10 S The Scottish Ministers may make regulations about—

(a) the application by councils of payments received under this schedule,

(b) the keeping of accounts, and the preparation and publication of statements of account, in relation to payments received under this schedule.

Commencement Information

I10 Sch. 1 para. 10 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

11 (1) The Scottish Ministers may prescribe— S

(a) the form of notices,

(b) the circumstances in which notices may not be given, and

(c) the method or methods by which fixed penalties may be paid.

(2) The Scottish Ministers may by regulations modify sub-paragraphs (1) and (4) of paragraph 5 so as to substitute a different deadline for the deadline for the time being specified there.

Commencement Information

I11 Sch. 1 para. 11 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.