Modifications etc. (not altering text)
C1Pt. III (ss. 51–90) amended by (E.W.) S.I. 1990/335, art. 2(1) and (S.) S.I. 1990/466, art. 2(1)
(1)This section applies where on any occasion a constable in uniform has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence.
(2)Subject to subsection (3) below, the constable may give him a fixed penalty notice in respect of the offence.
(3)Where the offence appears to the constable to involve obligatory endorsement, the constable may only give him a fixed penalty notice under subsection (2) above in respect of the offence if—
(a)he produces his licence [F1and its counterpart] for inspection by the constable,
(b)the constable is satisfied, on inspecting the licence [F1and its counterpart], that he would not be liable to be disqualified under section 35 of this Act if he were convicted of that offence, and
(c)he surrenders his licence [F1and its counterpart] to the constable to be retained and dealt with in accordance with this Part of this Act.
(4)Where—
(a)the offence appears to the constable to involve obligatory endorsement, and
(b)the person concerned does not produce his licence [F2and its counterpart] for inspection by the constable,
the constable may give him a notice stating that if, within seven days after the notice is given, he produces the notice together with his licence [F3and its counterpart] in person to a constable or authorised person at the police station specified in the notice (being a police station chosen by the person concerned) and the requirements of subsection (5)(a) and (b) below are met he will then be given a fixed penalty notice in respect of the offence.
(5)If a person to whom a notice has been given under subsection (4) above produces the notice together with his licence [F4and its counterpart] in person to a constable or authorised person at the police station specified in the notice within seven days after the notice was so given to him and the following requirements are met, that is—
(a)the constable or authorised person is satisfied, on inspecting the licence [F5and its counterpart], that he would not be liable to be disqualified under section 35 of this Act if he were convicted of the offence, and
(b)he surrenders his licence [F6and its counterpart] to the constable or authorised person to be retained and dealt with in accordance with this Part of this Act,
the constable or authorised person must give him a fixed penalty notice in respect of the offence to which the notice under subsection (4) above relates.
(6)A notice under subsection (4) above shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence.
(7)A licence [F7and a counterpart of a licence] surrendered in accordance with this section must be sent to the fixed penalty clerk.
(8)Subsection (4) above does not apply in respect of offences committed in Scotland and a notice under that subsection may not specify a police station in Scotland.
(9)In this Part of this Act “authorised person”, in relation to a fixed penalty notice given at a police station, means a person authorised for the purposes of this section by or on behalf of the chief officer of police for the area in which the police station is situated.
Textual Amendments
F1Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(a)
F2Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(b)(i)
F3Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(b)(ii)
F4Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(c)(i)
F5Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(c)(ii)
F6Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(c)(iii)
F7Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 15(d)