16.—(1) This paragraph applies if a [F1district council or other enforcement authority] considers that a penalty notice which an authorised officer acting on its behalf has given to a person ought not to have been given.N.I.
(2) The [F2district council or other enforcement authority] may give notice to that person withdrawing the penalty notice.
(3) If it does so—
(a)it must repay to that person any amount which has been paid by way of penalty in pursuance of the penalty notice, and
(b)no proceedings may be brought or continued against that person for the offence in question.
(4) The [F3council or other enforcement authority] 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.
Textual Amendments
F1Words in Sch. 1 para. 16(1) substituted (1.2.2022) by The Smoke-Free (Private Vehicles) Regulations (Northern Ireland) 2021 (S.R. 2021/328), regs. 1(1), 6(2)
F2Words in Sch. 1 para. 16(2) substituted (1.2.2022) by The Smoke-Free (Private Vehicles) Regulations (Northern Ireland) 2021 (S.R. 2021/328), regs. 1(1), 6(2)
F3Words in Sch. 1 para. 16(4) substituted (1.2.2022) by The Smoke-Free (Private Vehicles) Regulations (Northern Ireland) 2021 (S.R. 2021/328), regs. 1(1), 6(3)