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Antisocial Behaviour etc. (Scotland) Act 2004

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This is the original version (as it was originally enacted).

46Fixed penalty notices

This section has no associated Explanatory Notes

(1)Subject to subsection (3), where a relevant officer has reason to believe that a person—

(a)is committing; or

(b)has just committed,

an offence under section 45, the officer may give that person a notice (a “fixed penalty notice”) offering the person the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

(2)In subsection (1), “relevant officer” means—

(a)an officer of the local authority authorised for the purposes of this section; or

(b)a constable.

(3)If a fixed penalty notice is given to a person in respect of noise emitted from relevant property in the period specified in a warning notice, no further fixed penalty notice may be given to that person in respect of noise emitted from the relevant property during that period.

(4)Subject to subsection (5), a fixed penalty notice may be given to a person by delivering the notice to the person.

(5)If it is not reasonably practicable to deliver it to the person, a fixed penalty notice shall be given by leaving the notice, addressed to the person, at the offending property.

(6)A fixed penalty notice shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

(7)A fixed penalty notice shall state—

(a)the period during which, by virtue of paragraph (a) of section 51(2), proceedings will not be taken for the offence;

(b)the amount of the fixed penalty; and

(c)the person to whom, and the address at which, the fixed penalty may be paid.

(8)Payment of the fixed penalty may (among other methods) be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).

(9)Where a letter containing the amount of the penalty is sent in accordance with subsection (8), payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(10)The fixed penalty payable under this section is £100.

(11)A fixed penalty payable under this section shall be payable to the local authority whose officer issued the warning notice under reference to which the offence was committed.

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