[F18(1)If the roads authority consider (whether after holding a hearing under paragraph 7 or not) that a fixed penalty notice which has been given ought not to have been given, they may give to the person to whom it was given a notice withdrawing the fixed penalty notice.S
(2)Where a notice under sub-paragraph (1) is given—
(a)the roads authority shall repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice; and
(b)no proceedings shall be commenced or continued against that person for the offence in question.
(3)The roads authority shall consider any representations made by or on behalf of the recipient of a fixed penalty notice and decide in all the circumstances whether to withdraw the notice.]
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