Chwilio Deddfwriaeth

The Street Works (Northern Ireland) Order 1995

 Help about what version

Pa Fersiwn

  • Y Diweddaraf sydd Ar Gael (Diwygiedig)
  • Gwreiddiol (a wnaed Fel)
 Help about advanced features

Nodweddion Uwch

Rhagor o Adnoddau

Changes over time for: SCHEDULE 2A

 Help about opening options

Alternative versions:

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

The Street Works (Northern Ireland) Order 1995, SCHEDULE 2A is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Prospective

[F1SCHEDULE 2AN.I.FIXED PENALTIES FOR CERTAIN OFFENCES

Power to give fixed penalty noticesN.I.

1.(1) An authorised officer of a street authority may, if he has reason to believe that a person is committing or has committed a fixed penalty offence, give him a fixed penalty notice in relation to that offence.N.I.

(2) In this Schedule “fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for a fixed penalty offence by payment of a penalty.

2.  A fixed penalty notice for an offence may not be given after such time relating to the offence as may be prescribed.N.I.

Contents of fixed penalty noticeN.I.

3.(1) A fixed penalty notice must identify the offence to which it relates and give reasonable particulars of the circumstances alleged to constitute that offence.N.I.

(2) A fixed penalty notice must also state—

(a)the amount of the penalty and the period within which it may be paid;

(b)the discounted amount and the period within which it may be paid;

(c)the person to whom and the address at which payment may be made;

(d)the method or methods by which payment may be made;

(e)the person to whom and the address at which any representations relating to the notice may be addressed;

(f)the consequences of not making a payment within the period for payment.

(3) The person specified under sub-paragraph (2)(c) must be the street authority or a person acting on its behalf.

The amount of the penalty and the period for paymentN.I.

4.(1) The penalty for a fixed penalty offence is (subject to paragraph 5) such amount, not exceeding 30 per cent. of the maximum fine for that offence, as may be prescribed.N.I.

(2) The period for payment of the penalty is the period of 29 days beginning with the day on which the notice is given.

(3) The street authority may extend the period for paying the penalty in any particular case if the authority considers it appropriate to do so.

The discounted amountN.I.

5.(1) A discounted amount is payable instead of the amount prescribed under paragraph 4(1) if payment is made before the end of the period of 15 days beginning with the day on which the notice is given.N.I.

(2) The discounted amount for a fixed penalty offence is such amount, not exceeding 25 per cent. of the maximum fine for the offence, as may be prescribed.

(3) If the last day of the period specified in sub-paragraph (1) does not fall on a working day, the period for payment of the discounted amount is extended until the end of the next working day.

Effect of notice and payment of penaltyN.I.

6.(1) This paragraph applies where a person is given a fixed penalty notice in respect of a fixed penalty offence.N.I.

(2) No proceedings for the offence may be commenced before the end of the period for payment of the penalty.

(3) No such proceedings may be commenced or continued if payment of the penalty is made before the end of that period or is accepted by the street authority after that time.

(4) Payment of the discounted amount only counts for the purposes of sub-paragraph (3) if it is made before the end of the period for payment of the discounted amount.

(5) In proceedings for the offence a certificate which—

(a)purports to be signed by or on behalf of the person having responsibility for the financial affairs of the street authority; and

(b)states that payment of an amount specified in the certificate was or was not received by a date so specified,

is evidence of the facts stated.

Power to withdraw noticesN.I.

7.(1) If the street authority considers 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.N.I.

(2) Where a notice under sub-paragraph (1) is given—

(a)the authority shall repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice; and

(b)no proceedings shall be commenced or continued against that person for the offence in question.

(3) The street authority shall 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.

General and supplementaryN.I.

8.  The Department may, with the consent of the Department of Finance and Personnel, make regulations about—N.I.

(a)the application by street authorities (other than the Department) of fixed penalties paid under this Schedule;

(b)the keeping by such authorities of accounts, and the preparation and publication of statements of account, relating to fixed penalties paid under this Schedule.

9.  The Department may by regulations—N.I.

(a)prescribe circumstances in which fixed penalty notices may not be given;

(b)modify paragraph 4(2) or 5(1) so as to substitute a different period for the period for the time being specified there;

(c)prescribe the method or methods by which penalties may be paid.]

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.