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Sunbeds Act (Northern Ireland) 2011

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This is the original version (as it was originally enacted).

Section 12(3).

SCHEDULE 2FIXED PENALTIES

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Contents of fixed penalty notices

1.  A fixed penalty notice must—

(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—

(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—

(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.

Amount of fixed penalty and period for payment

4.  The fixed penalty is such amount as may be prescribed.

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.

Effect of notice and payment

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.

(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.

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.

9.  In any proceedings, a certificate is evidence of the facts which it states if it—

(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.

Trial

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.

12.  Any request to be tried must be made—

(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.

Withdrawal of fixed penalty notices

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.

(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.

Regulations

14.  The Department may by regulations—

(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.

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