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Version Superseded: 31/03/2017
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Care Standards Act 2000, Section 30ZB is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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(i)repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and
(ii)prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates,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 [F2or, where there is no such maximum amount, that it does not exceed the amount corresponding to level 4 on the standard scale for summary offences] .
(3)In this section—
“penalty” means a penalty under a penalty notice;
“penalty notice” has the meaning given by section 30ZA(4).]
Textual Amendments
F1Ss. 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
F2Words in s. 30ZB(2)(b) inserted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 5 para. 8 (with reg. 5(1))
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