PART 4OPERATIONAL PROVISIONS

Fixed penalty notices47.

(1)

This article applies where it appears to an appointed person, or in the case of a byelaw having effect by virtue of article 46(5), the harbour authority, that a person has committed an offence as a result of byelaws made under article 46 (byelaws).

(2)

The appointed person may serve on that person a fixed penalty notice in respect of the offence.

(3)

Where a person is given a fixed penalty notice under this article in respect of an offence—

(a)

no proceedings may be instituted for that offence before the expiration of 14 days after the date of the notice; and

(b)

that person may not be convicted of the offence if the fixed penalty is paid before the expiration of 14 days after the date of the notice.

(4)

A fixed penalty notice must state—

(a)

the amount of the fixed penalty;

(b)

particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence;

(c)

the time by which and the manner (including the number to be used for payments by credit or debit card) in which the fixed penalty must be paid; and

(d)

that proceedings may be instituted if payment is not made within the time specified in the fixed penalty notice.

(5)

The amount of the fixed penalty is—

(a)

one fifth of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction provided that person pays the fixed penalty in full within 7 days of issue of the fixed penalty notice; or

(b)

one half of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction.

(6)

An appointed person may require a person to whom this article applies to pay a deposit of one tenth of the maximum amount of the fine to which a person may be liable under level 3 on the standard scale on accepting a fixed penalty notice if that person fails to provide, when requested, a residential address in the United Kingdom.

(7)

Payment of the deposit must be made—

(a)

in person to the appointed person by cash, credit or debit card, if the appointed person has the necessary means to accept payment in that manner;

(b)

by telephone by credit or debit card to the number stipulated in the fixed penalty notice for making payments; or

(c)

by App.

(8)

The undertaker must apply the deposit towards payment of the fixed penalty.

(9)

In any proceedings a certificate which—

(a)

purports to be signed on behalf an officer of the undertaker appointed under section 151 (financial administration) of the Local Government Act 1972; and

(b)

states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(10)

In this article—

“App” means a software application for use on an electronic device which provides for payment by credit or debit card and which is provided by the undertaker for that purpose;

“credit card” means a card or similar thing issued to any person, use of which enables the holder to defer payment of the deposit;

“debit card” means a card or similar thing issued by any person, use of which causes the deposit to be paid by the electronic transfer of funds from any current account of the holder at a bank or other institution providing banking facilities; and

“fixed penalty notice” means a notice offering the opportunity of the discharge of liability to conviction of an offence under byelaws made under article 46.