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11(1)A person against whom a fixed penalty bears to be enforceable under paragraph 10 may apply to the sheriff by summary application for a declaration that the fixed penalty is not enforceable 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 paragraph 7 and no hearing has been held within a reasonable time after the request.
(2)On an application under sub-paragraph (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 payment of the penalty;
(b)that the person has or, as the case may be, has not requested a hearing in accordance with paragraph 7;
(c)that, where such a request has been made, a hearing has or, as the case may be, has not been held within a reasonable time after the request; and
accordingly, that the fixed penalty is or, as the case may be, is not enforceable.
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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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