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(1)A person against whom a fixed penalty is being enforced under section 11 may apply to the sheriff by summary application for a declaration that the fixed penalty is not enforceable under that section on the ground that—
(a)the fixed penalty was paid before the expiry of the period for paying; or
(b)the person has made a request for a hearing in accordance with section 8.
(2)On summary application under subsection (1), the sheriff may declare—
(a)that the person has or, as the case may be, has not paid the fixed penalty within the period for paying;
(b)that the person has or, as the case may be, has not requested a hearing in accordance with section 8; and
(c)that the fixed penalty is or, as the case may be, is not enforceable under section 11.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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