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
30ZBPenalty notices: supplementary provision
1
The Welsh Ministers may by regulations make—
a
provision as to the form and content of penalty notices,
b
provision as to the monetary amount of the penalty and the time by which it is to be paid,
c
provision determining the methods by which penalties may be paid,
d
provision as to the records to be kept in relation to penalty notices,
e
provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—
i
repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and
ii
prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates,
f
provision for a certificate—
i
purporting to be signed by or on behalf of a prescribed person, and
ii
stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,
to be received in evidence of the matters so stated,
g
provision as to action to be taken if a penalty is not paid in accordance with a penalty notice, and
h
such other provision in relation to penalties or penalty notices as the Welsh Ministers think necessary or expedient.
2
Regulations under subsection (1)(b)—
a
may make provision for penalties of different amounts to be payable in different cases, including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid, but
b
must secure that the amount of any penalty payable in respect of any offence does not exceed one half of the maximum amount of the fine to which a person committing the offence would be liable on summary conviction.
3
In this section—
“penalty” means a penalty under a penalty notice;
“penalty notice” has the meaning given by section 30ZA(4).
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