Road Traffic Offenders Act 1988 (c. 53)

Part III E+W+S Fixed Penalties

Modifications etc. (not altering text)

C1 Pt. III (ss. 51–90) amended by (E.W.) S.I. 1990/335, art. 2(1) and (S.) S.I. 1990/466, art. 2(1)

Conditional offer of fixed penalty in Scotland E+W+S

[76 Effect of offer and payment of penalty. E+W+S

(1) This section applies where a conditional offer has been sent to a person under section 75 of this Act.

(2) No proceedings shall be brought against any person for the offence to which the conditional offer relates until the procurator fiscal receives notification in accordance with subsection (5) or (6) below.

(3) Payment of the fixed penalty in pursuance of the conditional offer must be made to such clerk of court as may be specified in the offer.

(4) Where the alleged offender makes payment of the fixed penalty in accordance with subsection (3) above, no proceedings shall be brought against him for the offence to which the offer relates.

(5) Where—

(a) the alleged offender tenders payment in accordance with subsection (3) above and delivers his licence [F1 and its counterpart]] to the clerk of court specified in the conditional offer, but

(b) it appears to the clerk of court, on inspecting the licence [F2 and counterpart], that he would be liable to be disqualified under section 35 of this Act if he were convicted of the offence to which the conditional offer relates,

the clerk of court must—

(i) return the licence [F3 and its counterpart] to the alleged offender together with the payment, and

(ii) notify the procurator fiscal who issued the conditional offer that he has complied with the preceding provisions of this subsection.

(6) Where, on the expiry of the period of twenty-eight days from the date on which the conditional offer was made or such longer period as may be specified in the offer, the conditions specified in the offer in accordance with section 75(7)(a) of this Act have not been fulfilled, the clerk of court must notify the procurator fiscal accordingly.

(7) In any proceedings a certificate that by a date specified in the certificate payment of a fixed penalty was or was not received by the clerk of court specified in the conditional offer shall, if the certificate purports to be signed by that clerk, be sufficient evidence of the facts stated.

Textual Amendments

F1 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 22(a)

F2 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 22(b)

F3 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 22(c)