Judicial determination of enforcement of fixed penaltyS
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.
Modifications etc. (not altering text)
C1Sch. 1 paras. 6-11 applied (15.5.2006) by Smoking, Health and Social Care (Scotland) Act 2005 and The Prohibition Of Smoking In Certain Premises (Scotland) Regulations 2006 (Consequential Provisions) (Scotland) Order 2006 (S.I. 2006/1115), arts. 1, 3 (with art. 4)
Commencement Information
I1Sch. 1 para. 11 in force at 26.3.2006 at 0600 hours by S.S.I. 2005/492, art. 3(d)