Section 6: Form of fixed penalty notices
31.Section 6(1) lists the information that a fixed penalty notice must contain. No style of notice is prescribed by the Act.
32.While the Act does not prescribe a style of notice, subsection (2) confers power on the Scottish Ministers to prescribe the form of fixed penalty notices thereby ensuring that the same form of notice is used throughout Scotland. Subsection (3) provides that an order made under subsection (2) can amend, remove or add to the list of information that is required to be included in a fixed penalty notice. Any order prescribing the form of fixed penalty notices cannot be made unless the Parliament has approved a draft of the order by resolution (affirmative resolution procedure – see section 15(3)(b)).
