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The Road Traffic Offenders (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Effect of offer and payment of penalty

81.—(1) This Article applies where a conditional offer has been sent to a person under Article 80.

(2) No proceedings shall be brought against any person for the offence to which the conditional offer relates until the Chief Constable receives notice in accordance with paragraph (4) or (5).

(3) Where the alleged offender makes payment of the fixed penalty in accordance with the conditional offer, no proceedings shall be brought against him for the offence to which the offer relates.

(4) Where—

(a)the alleged offender tenders payment in accordance with the conditional offer and delivers his licence and its counterpart to the fixed penalty clerk, but

(b)it appears to the clerk, on inspecting the licence and counterpart, that the alleged offender would be liable to be disqualified under Article 40 if he were convicted of the offence to which the conditional offer relates,

then paragraph (3) shall not apply and the clerk must return the licence and its counterpart to the alleged offender together with the payment and give notice that he has done so to the Chief Constable.

(5) Where, on the expiry of the period of 28 days following the date on which the conditional offer was made or such longer period as may be specified in the offer, the conditions specified in the offer in accordance with Article 80(5)(a) have not been fulfilled, the fixed penalty clerk must notify the Chief Constable.

(6) In determining for the purposes of paragraph (4)(b) whether a person convicted of an offence would be liable to disqualification under Article 40, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part I or Part II of Schedule 1, that the number of penalty points to be attributed to the offence would be the lowest in the range.

(7) In any proceedings a certificate that by a date specified in the certificate payment of a fixed penalty was or was not received by the fixed penalty clerk shall, if the certificate purports to be signed by 9 that clerk, be evidence of the facts stated.

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