Children and Families (Wales) Measure 2010 (nawm1)

PART 2 W CHILD MINDING AND DAY CARE FOR CHILDREN

Offences, criminal proceedings and fixed penalties W

48 Penalty notices: supplementary provisions W

(1) The Welsh Ministers may by regulations make provision about any of the following—

(a) the form and content of penalty notices;

(b) the monetary amount of the penalty and the time by which it is to be paid;

(c) determination of the methods by which penalties may be paid;

(d) the records to be kept in relation to penalty notices;

(e) the withdrawal, in prescribed circumstances, of a penalty notice, including—

(i) repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and

(ii) prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates;

(f) certificates to be received in evidence—

(i) purporting to be signed by or on behalf of a prescribed person, and

(ii) stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate;

(g) action to be taken if a penalty is not paid in accordance with a penalty notice;

(h) anything else in relation to penalties or penalty notices as the Welsh Ministers think necessary or expedient.

(2) Regulations under subsection (1)(b)—

(a) may make provision for penalties of different amounts to be payable in different cases, including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid, but

(b) must secure that the amount of any penalty payable in respect of any offence does not exceed one half of the maximum amount of the fine to which a person committing the offence would be liable on summary conviction[F1 or, where there is no such maximum amount, that it does not exceed the amount corresponding to level 4 on the standard scale for summary offences].

(3) In this section—

• “penalty” means a penalty under a penalty notice;

• “penalty notice” has the meaning given by section 47.

Textual Amendments

F1 Words in s. 48(2)(b) inserted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 5 para. 16 (with reg. 5(1))

Commencement Information

I1 S. 48 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)