[F111(1)A person against whom a fixed penalty bears to be enforceable under paragraph 10 may apply to the sheriff by summary application for a declaration that the fixed penalty is not enforceable on the ground that—S
(a)the fixed penalty was paid before the expiry of the period for paying; or
(b)the person has made a request for a hearing in accordance with paragraph 7 and no hearing has been held within a reasonable time after the request.
(2)On an application under sub-paragraph (1), the sheriff may declare—
(a)that the person has or, as the case may be, has not paid the fixed penalty within the period for payment of the penalty;
(b)that the person has or, as the case may be, has not requested a hearing in accordance with paragraph 7;
(c)that, where such a request has been made, a hearing has or, as the case may be, has not been held within a reasonable time after the request, and
accordingly, that the fixed penalty is or, as the case may be, is not enforceable.]
Textual Amendments
F1Sch. 8B inserted (1.10.2008) by Transport (Scotland) Act 2005 (asp 12), s. 54(2), sch. 7; S.S.I. 2008/15, art. 2(3), sch. 2