SCHEDULES
SCHEDULE 5Further amendments relating to Part 1
Part 1Amendments of Care Standards Act 2000
I125
After section 30 of the 2000 Act insert—
Penalty notices
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.
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repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and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prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates,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).