154BCivil penalties for certain offences

1

The Scottish Ministers may, by regulations, make provision for or in connection with—

a

the imposition by road works authorities of penalty charges in respect of such offences under this Part of this Act as are specified in the regulations,

b

the payment of such charges.

2

The regulations shall include provision specifying the person or persons by whom a penalty charge in respect of an offence is to be paid (who may be or, as the case may be, include a person other than the person who committed the offence).

3

The regulations shall include provision—

a

prohibiting criminal proceedings or the giving of a fixed penalty notice in respect of any description of conduct for which a penalty charge may be imposed, or

b

securing that a penalty charge is not payable or is refunded where the conduct is the subject of criminal proceedings or of a fixed penalty notice.

4

The regulations shall include provision about the standard of proof required to establish the commission of an offence in respect of which a penalty charge may be imposed and may include other provision for or in connection with evidence and procedure.

5

The regulations may set different levels of penalty charges in respect of different offences and in respect of the same offences committed in different circumstances.

6

The regulations may include provision for and in connection with—

a

the notification of penalty charges to persons appearing to be liable to pay them,

b

the enabling and effect of the making of representations to road works authorities by persons who are or may be liable to pay those charges,

c

appeals by those persons against the imposition of those charges.

7

Regulations shall not be made unless a draft of them has been laid before and approved by resolution of the Scottish Parliament.