Notice to pay fixed penaltyE+W+S
3(1)Where at any time within the interim period a constable finds a person on any occasion and has reason to believe that on that occasion he is committing or has committed an offence to which this Schedule applies, he may give him the prescribed notice in writing, offering the opportunity of the discharge of any liability to conviction of that offence by payment of a fixed penalty under this Schedule; and no person shall then be liable to be convicted of that offence if the fixed penalty is paid in accordance with this Schedule before the end of the period of 21 days following the date of the notice, or such longer period (if any) as may be specified in the notice, or before the date on which preceedings are begun, whichever event last occurs.
(2)Where a person is given a notice under this paragraph in respect of an offence, proceedings shall not be taken against any person for that offence by any constable or local authority until the end of 21 days following the date of the notice or such longer period (if any) as may be specified in the notice.
(3)A notice under this paragraph shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of those circumstances, and shall state also the period during which, by virtue of sub-paragraph (2) above, proceedings will not be taken for the offence, the amount of the fixed penalty, and the justices’ clerk to whom, and the address at which, the fixed penalty may be paid.
(4)Where at any time within the interim period a constable finds a vehicle on any occasion and has reason to believe that on that occasion there is being or has been committed in respect of it an offence to which this Schedule applies, he may proceed under this paragraph as if he had found a person reasonably believed by him to be committing the offence; and for that purpose a notice affixed to the vehicle shall be deemed to be given to the person liable for that offence.
(5)A notice affixed to a vehicle under sub-paragraph (4) above shall not be removed or interfered with except by or under the authority of the driver or the person in charge of the vehicle or the person liable for the offence in question; and any person who contravenes this sub-paragraph shall be guilty of an offence.
(6)In so far as an order made, or having effect as if made, under section 95(5) of this Act authorises the employment of traffic wardens for the purposes of this paragraph, references in this paragraph to a constable shall include a traffic warden.
(7)In the application of this paragraph to Scotland, any reference to a justices’ clerk shall be construed as a reference to a clerk of court; in sub-paragraph (1) above, for the words from “before the end of the period" to the end of the sub-paragraph, there shall be substituted the words “before the date on which proceedings are begun"; and in sub-paragraph (2) the words “by any constable or local authority” shall be omitted.
(8)In this paragraph “proceedings” means any criminal proceedings in respect of the act or omission constituting the offence specified in a notice under this paragraph, and “convicted” shall be construed accordingly.