Part III C1C2 Fixed Penalties

Annotations:
Modifications etc. (not altering text)
C1

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)

C2

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

Miscellaneous

89 Interpretation.

1

In this Part of this Act—

  • “authorised person” has the meaning given by section 54(9) of this Act,

  • F1“chief constable” means, in Scotland in relation to any conditional offer, the chief constable for the area in which the conditional offer has been issued.

  • “chief officer of police” (except in the definition of “authorised person") means, in relation to any fixed penalty notice F2, notice to owner or conditional offer, the chief officer of police for the police area in which the fixed penalty offence in question is alleged to have been committed,

  • “court of summary jurisdiction” has the same meaning as in section 462(1) of the Criminal Procedure (Scotland) Act 1975,

  • “driver” except in section 62 of this Act means, in relation to an alleged fixed penalty offence, the person by whom, assuming the offence to have been committed, it was committed,

  • “justices’ clerk” means the clerk to the justices for a petty sessions area,

  • “petty sessions area” has the same meaning as in the M1Magistrates’ Courts Act 1980, and

  • “proceedings”, except in relation to proceedings for enforcing payment of a sum registered under section 71 of this Act, means criminal proceedings.

2

In this Part of this Act—

a

references to a notice requesting a hearing in respect of an offence are references to a notice indicating that the person giving the notice wishes to contest liability for the offence or seeks a determination by a court with respect to the appropriate punishment for the offence,

b

references to an offence include an alleged offence, and

c

references to the person who is or was at any time the registered keeper of a vehicle are references to the person in whose name the vehicle is or was at that time registered under F3the Vehicle Excise and Registration Act 1994.