- Latest available (Revised)
- Original (As enacted)
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:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Sunbeds Act (Northern Ireland) 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
1 A fixed penalty notice must—N.I.
(a)state the alleged offence; and
(b)give such particulars of the circumstances alleged to constitute it as are necessary for giving reasonable information about it.
2—(1) A fixed penalty notice must also state—N.I.
(a)the amount of the penalty and the period for its payment;
(b)the consequences of not paying the penalty before the end of the period mentioned in head (a);
(c)the person to whom and the address at which payment may be made;
(d)by what method payment may be made;
(e)the person to whom and the address at which any representations relating to the notice may be made.
(2) The person mentioned in sub-paragraph (1)(c) and (e) must be the district council on whose behalf the authorised officer was acting when the officer gave the notice.
3 A fixed penalty notice must also—N.I.
(a)inform the person to whom it is given of the person's right to be tried for the alleged offence; and
(b)explain how that right may be exercised.
4 The fixed penalty is such amount as may be prescribed.N.I.
5 The period for payment of the fixed penalty is the period of 28 days beginning with the day on which the notice is given.N.I.
6—(1) Proceedings for the offence in respect of which a fixed penalty notice was given may not be brought before the end of the period for payment of the fixed penalty.N.I.
(2) Sub-paragraph (1) does not apply if the person to whom the notice was given has asked in accordance with paragraphs 11 and 12 to be tried for the alleged offence.
7 If the fixed penalty is paid in accordance with the fixed penalty notice before the end of the period for payment of the fixed penalty, no proceedings for the offence may be brought and paragraph 11 does not apply.N.I.
8 If proceedings have been brought pursuant to a request under paragraph 11, but then the penalty is paid as mentioned in paragraph 7 those proceedings may not be continued.N.I.
9 In any proceedings, a certificate is evidence of the facts which it states if it—N.I.
(a)purports to be signed by or on behalf of the person responsible for the financial affairs of the district council on whose behalf the authorised officer who gave a fixed penalty notice was acting; and
(b)states that payment of the fixed penalty in pursuance of the notice was or was not received by the expiry of the period within which that fixed penalty may be paid.
10 Any sum received by a district council under this Schedule accrues to that council.N.I.
11 If the person to whom a fixed penalty notice has been given asks to be tried for the alleged offence, proceedings may be brought against that person.N.I.
12 Any request to be tried must be made—N.I.
(a)by notice given to the district council in question before the end of the period for payment of the penalty;
(b)in the manner specified in the fixed penalty notice.
13—(1) The district 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.N.I.
(2) Where a fixed penalty notice is withdrawn in accordance with sub-paragraph (1)—
(a)the district council must give notice of the withdrawal to the person to whom the fixed penalty notice was given;
(b)the district council must repay any amount which has been paid under the fixed penalty notice; and
(c)no proceedings are to be brought or continued against that person for the offence in question.
14 The Department may by regulations—N.I.
(a)provide that fixed penalty notices may not be given in such circumstances as may be prescribed;
(b)provide for the form of a fixed penalty notice;
(c)provide for the method by which fixed penalties may be paid;
(d)modify paragraph 5 so as to substitute a different period for the period for the time being specified there;
(e)provide for the keeping of accounts, and the preparation and publication of statements of account relating to fixed penalties under this Schedule.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: