Health Act 2006

Section 9

SCHEDULE 1 Fixed penalties

Contents of penalty notice

1 A penalty notice must—

(a) state the alleged offence, and

(b) give such particulars of the circumstances alleged to constitute it as are necessary for giving reasonable information about it.

2 (1) A penalty notice must also state—

(a) the name and address of the enforcement authority on whose behalf the authorised officer was acting when he gave the notice,

(b) the amount of the penalty and the period for its payment,

(c) the discounted amount and the period for its payment,

(d) the consequences of not paying the penalty or the discounted amount before the end of the period mentioned in paragraph (b) or (c),

(e) the person to whom and the address at which payment may be made,

(f) by what method payment may be made,

(g) the person to whom and the address at which any representations relating to the notice may be made.

(2) The person mentioned in sub-paragraph (1)(e) and (g) must be the enforcement authority referred to in sub-paragraph (1)(a).

3 A penalty notice must also—

(a) inform the person to whom it is given of his right to be tried for the alleged offence, and

(b) explain how that right may be exercised.

4 A penalty notice must be in a form specified in regulations made by the appropriate national authority.

Amount of penalty and period for payment

5 The penalty is such amount as the Secretary of State may specify in regulations.

6 The period for payment of the penalty is the period of 29 days beginning with the day on which the notice is given.

Discounted amount and period for payment

7 (1) A discounted amount is payable instead of the amount specified in regulations under paragraph 5 if payment is made before the end of the period for payment of the discounted amount.

(2) That period is the period of 15 days beginning with the day on which the notice is given, unless the 15th day is not a working day.

(3) If the 15th day is not a working day, that period is the period beginning with the day on which the notice is given and ending immediately after the first working day following the 15th day.

(4) In this paragraph, “working day” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).

8 The discounted amount is such amount as the Secretary of State may specify in regulations.

Effect of notice and payment

9 (1) Proceedings for the offence in respect of which a penalty notice was given may not be brought before the end of the period for payment of the penalty.

(2) Sub-paragraph (1) does not apply if the person to whom the notice was given has asked in accordance with paragraphs 14 and 15 to be tried for the alleged offence.

10 If the penalty is paid in accordance with the penalty notice before the end of the period mentioned in paragraph 9(1), no proceedings for the offence may be brought, and paragraph 14 does not apply.

11 If the discounted amount is paid in accordance with the penalty notice before the end of the period for payment of the discounted amount, no proceedings for the offence may be brought, and paragraph 14 does not apply.

12 If proceedings have been brought pursuant to a request under paragraph 14, but then the penalty or discounted amount is paid as mentioned in paragraph 10 or 11, those proceedings may not be continued.

13 In any proceedings, a certificate is evidence of the facts which it states if it—

(a) purports to be signed by or on behalf of the person responsible for the financial affairs of the enforcement authority on whose behalf the authorised officer who gave a penalty notice was acting, and

(b) states that payment of the penalty or discounted amount in pursuance of the notice was or was not received by a date specified in the certificate.

Trial

14 If the person to whom a penalty notice has been given asks to be tried for the alleged offence, proceedings may be brought against him.

15 Any request to be tried must be made—

(a) by notice given to the enforcement authority in question before the end of the period for payment of the penalty,

(b) in the manner specified in the penalty notice.

Withdrawal of notices

16 (1) This paragraph applies if an enforcement authority considers that a penalty notice which an authorised officer acting on its behalf has given to a person (“P”) ought not to have been given.

(2) The enforcement authority may give notice to P withdrawing the penalty notice.

(3) If it does so—

(a) it must repay any amount which has been paid by way of penalty in pursuance of the penalty notice, and

(b) no proceedings may be brought or continued against P for the offence in question.