C1C2C3C4C5C6Part II Establishments and agencies
Pt. 2: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 102(1)-(3), 199; S.I. 2004/759, art. 5(2)
Pt. 2 modified (W.) (30.4.2003) by The Care Standards Act 2000 (Commencement No. 10) and Transitional Provisions (Wales) Order 2003 (S.I. 2003/152), art. 3
Pt. 2 applied (with modifications) (E.) (31.8.2004) by The Adult Placement Schemes (England) Regulations 2004 (S.I. 2004/2071), reg. 40(2), Sch. 5
Pt. 2 applied (with modifications) (W.) (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), reg. 3(3), Sch. 1
Pt. 2: functions transferred (8.11.2006 for certain purposes and 1.4.2007 otherwise) by Education and Inspections Act 2006 (c. 40), ss. 148(1), 188(3); S.I. 2007/935, art. 5
F1Penalty notices
Ss. 30ZA, 30ZB and preceding cross-heading inserted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 25; S.I. 2009/462, art. 2, Sch. 1 para. 35
30ZAPenalty notices
1
Where the Welsh Ministers are satisfied that a person has committed a fixed penalty offence, they may give the person a penalty notice in respect of the offence.
2
A fixed penalty offence is any relevant offence which—
a
relates to an establishment or agency for which the Welsh Ministers are the registration authority, and
b
is prescribed for the purposes of this section.
3
A relevant offence is—
a
an offence under this Part or under regulations made under this Part, or
b
an offence under regulations made under section 9 of the Adoption and Children Act 2002.
4
A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence to which the notice relates by payment of a penalty in accordance with the notice.
5
Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.
6
Where a person is given a penalty notice, the person cannot be convicted of the offence to which the notice relates if the person pays the penalty in accordance with the notice.
7
Penalties under this section are payable to the Welsh Ministers.
8
In this section “prescribed” means prescribed by regulations made by the Welsh Ministers.
Pt. 2 restricted (7.12.2004) by Adoption and Children Act 2002 (c. 38), ss. 2(4), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/3203, art. 2