The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

Fixed penalties: form and procedure E+W

53.—(1) A fixed penalty notice must—

(a) give reasonably detailed particulars of the circumstances alleged to constitute the offence;

(b) state the period during which (because of regulation 47(6)(a)) proceedings will not be taken for the offence;

(c) specify the amount of the fixed penalty determined under regulation 48, 49, F1 ... 50, 51 or 52 (as the case may be);

(d) state the name and address of the person to whom the fixed penalty may be paid;

(e) specify permissible methods of payment.

(2) Whatever other method may be specified under paragraph (1)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (1)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(3) Where a letter is sent as mentioned in paragraph (2), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(4) In any proceedings, a certificate—

(a) that purports to be signed by or on behalf of the person with responsibility for the financial affairs of—

(i) the local authority, or

(ii) the person designated under regulation 47(2)(b),

specified in the fixed penalty notice to which the proceedings relate, and

(b) which states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,

is evidence of the facts stated.

Textual Amendments

F1 Word in reg. 53(1)(c) omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(10)

Commencement Information

I1 Reg. 53 in force at 20.12.2020, see reg. 1(3)