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Regulation and Inspection of Social Care (Wales) Act 2016

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This is the original version (as it was originally enacted).

52Penalty notices

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(1)The Welsh Ministers may give a penalty notice to a person if they are satisfied that the person has committed a prescribed offence.

(2)Only offences under sections 47, 48 or 49 or under regulations made under section 45 or 46 may be so prescribed.

(3)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 to the Welsh Ministers of a sum specified in the notice in accordance with the terms of the notice.

(4)Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be brought before the end of such period as may be specified in the notice.

(5)If a person who is given a penalty notice pays the sum specified in the notice in accordance with the terms of the notice, the person cannot be convicted of the offence to which the notice relates.

(6)The Welsh Ministers may by regulations make provision—

(a)as to the form and content of penalty notices;

(b)as to the sum payable under a penalty notice and the time within which it is to be paid (including provision permitting a different sum to be payable in relation to different offences and according to the time by which it is paid);

(c)determining the ways in which a sum may be paid;

(d)as to the records to be kept in relation to penalty notices;

(e)about the circumstances in which a penalty notice may be withdrawn, including provision about—

(i)the repayment of any sum paid before a notice is withdrawn, and

(ii)the circumstances in which proceedings for an offence may not be brought despite the withdrawal of a notice.

(7)Regulations under subsection (6)(b) may not make provision for a sum to be payable under a penalty notice which exceeds two and a half times level 4 on the standard scale.

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