C1C3Part III C2 Fixed Penalties
Pt. III modified (16.8.2013) by The Fixed Penalty Offences Order 2013 (S.I. 2013/1565), arts. 1, 2
Definition in Pt. III (ss. 51-90) applied (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 18(7)(b), 101(1) (with Sch. 12 para. 6); S.I. 1992/333, art. 2(2), Sch.2
F2Conditional offer of fixed penalty
Ss. 75-77 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s.34; S.I. 1992/1286, art. 2,Sch.
F176 Effect of offer and payment of penalty.
1
This section applies where a conditional offer has been F3issued to a person under section 75 of this Act.
F72
Where the alleged offender F14has fulfilled the conditions specified in the conditional offer under section 75(8A)(a), no proceedings shall be brought against him for the offence to which the offer relates unless subsection (3) below applies.
3
This subsection applies where—
a
c
where the appropriate person is not the Secretary of State, the appropriate person gives notice that he has done so to the person required to be notified.
4
Where the F16alleged offender has not fulfilled the conditions specified in the conditional offer under section 75(8A)(a), no proceedings shall be brought against the alleged offender for the offence to which the offer relates—
a
until the end of the period of twenty-eight days following the date on which the conditional offer was made, or such longer period as may be specified in the offer, and
b
where the appropriate person is not the Secretary of State, unless the appropriate person notifies the person required to be notified that proceedings may be brought by virtue of this subsection.
5
In this section and section F977A of this Act “ the person required to be notified ” means—
a
if the conditional offer was issued under subsection (1) of section 75 of this Act, the chief officer of police,
b
if it was issued under subsection (2) of that section, the procurator fiscal, and
c
if it was issued under subsection (3) of that section, the chief constable or (as the case may be) the chief constable of the British Transport Police Force.
6
In determining for the purposes of subsection F4(3)(a) above whether a person convicted of an offence would be liable to disqualification under section 35, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part I of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.
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 F5the appropriate person shall, if the certificate purports to be signed by F5the appropriate person, be evidence, or in Scotland sufficient evidence, of the facts stated.
F138
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
In Scotland, the Secretary of State may by regulations vary the provisions of subsection F6(5)(b) or (c) above.
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)
Pt. III (ss. 51-90) amended (1.8.1999) by S.I. 1999/1851, art. 2(1)