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Smoking, Health and Social Care (Scotland) Act 2005
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Power to withdraw notices
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8(1)If the council considers (whether after holding a hearing under paragraph 7 or not) that a fixed penalty notice which has been given ought not to have been given, it may give to the person to whom it was given a notice withdrawing the fixed penalty notice.
(2)Where a notice under sub-paragraph (1) is given—
(a)the council must repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice; and
(b)no proceedings are to be commenced or continued against that person for the offence in question.
(3)The council must consider any representations made by or on behalf of the recipient of a fixed penalty notice and decide in all the circumstances whether to withdraw the notice.
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