PART 3Offences, penalties and prosecutions
Fixed penalty noticesI17
1
An authorised person may issue a fixed penalty notice to any person (“P”) that the authorised person reasonably believes has committed an offence under regulation 6(1).
2
A fixed penalty notice is a notice offering P the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to—
a
the Welsh Ministers, or
b
a person designated by the Welsh Ministers for the purposes of receiving payment under this regulation.
3
Where a notice is issued under paragraph (1) in respect of an offence—
a
no proceedings may be taken for the offence before the end of the period of 28 days following the date the notice is issued;
b
P may not be convicted of the offence if P pays the fixed penalty before the end of that period.
4
A fixed penalty notice must—
a
describe the circumstances alleged to constitute the offence,
b
state the period during which (because of paragraph (3)(a)) proceedings will not be taken for the offence,
c
specify the amount of the fixed penalty,
d
state the name and address of the person to whom the fixed penalty may be paid, and
e
specify permissible methods of payment.
F15
The amount of fixed penalty specified under paragraph 4(c) is to be—
a
in the case of the first penalty notice received, £1000;
b
in the case of the second penalty notice received, £2000;
c
in the case of the third penalty notice received, £4000;
d
in the case of the fourth and any subsequent fixed penalty notice received, £10,000.
6
In any proceedings, a certificate—
a
that purports to be signed by or on behalf of—
i
the Welsh Ministers, or
ii
a person designated by the Welsh Ministers under paragraph (2)(b), and
b
states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,
is evidence of the facts stated.