Prospective
16. In Article 80 (issue of conditional offer)–N.I.
(a)after paragraph (1) insert–
“(1A) Where–
(a)a vehicle examiner has reason to believe that a fixed penalty offence has been committed, and
(b)no fixed penalty notice in respect of the offence has been given under Article 60 or fixed to a vehicle under Article 67,
a notice under this Article may be sent to the alleged offender by the Department.”;
(b)in paragraph (3), for “person issues a conditional offer” substitute “ conditional offer is issued by a person under paragraph (1) ”;
(c)
[F1in paragraph (5) for–
(i)“the fixed penalty clerk”, and
(ii)“that clerk”, in both places,
substitute “ the appropriate person ”;]
(d)after paragraph (6) insert–
“(7) In this Article and Articles 81 and 82 “the appropriate person” means–
(a)where the conditional offer was issued under paragraph (1), the fixed penalty clerk, and
(b)where the conditional offer was issued under paragraph (1A), the Department.”;
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Amendments (Textual)
16. In Article 80 (issue of conditional offer)–N.I.
(a)after paragraph (1) insert–
“(1A) Where–
(a)a vehicle examiner has reason to believe that a fixed penalty offence has been committed, and
(b)no fixed penalty notice in respect of the offence has been given under Article 60 or fixed to a vehicle under Article 67,
a notice under this Article may be sent to the alleged offender by the Department.”;
(b)in paragraph (3), for “person issues a conditional offer” substitute “ conditional offer is issued by a person under paragraph (1) ”;
(c)in paragraph (5) for–
(i)“the fixed penalty clerk”, and
(ii)“that clerk”, in both places,
substitute “ the appropriate person ”;
(d)after paragraph (6) insert–
“(7) In this Article and Articles 81 and 82 “the appropriate person” means–
(a)where the conditional offer was issued under paragraph (1), the fixed penalty clerk, and
(b)where the conditional offer was issued under paragraph (1A), the Department.”;