PART 3Operator liability in respect of arrivals

Fixed penalty notices7.

(1)

An authorised person may issue a fixed penalty notice to any operator who the authorised person reasonably believes has committed an offence under regulation 6(1).

(2)

A fixed penalty notice is a notice offering the operator to whom it is issued 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 an operator is issued with a notice 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)

the operator may not be convicted of the offence if the operator pays the fixed penalty before the end of that period.

(4)

A fixed penalty notice must—

(a)

give reasonably detailed particulars of the circumstances alleged to constitute the offence, including the name of the relevant passenger;

(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 payment of the fixed penalty may be paid or evidence of the defence is to be provided; and

(e)

specify permissible methods of payment.

(5)

The amount of the fixed penalty for the purposes of paragraph (4)(c) is £1,000.

(6)

In any proceedings, a certificate that—

(a)

purports to be signed on behalf of—

(i)

the Welsh Ministers, or

(ii)

any 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.