SCHEDULES
F1SCHEDULE 12
Effect of notice under paragraph 5(6)
6
1
The provisions of sub-paragraphs (2) to (5) below shall have effect where a notice has been served on any person (in this paragraph referred to as the “recipient”) under paragraph 5(6) of this Schedule.
2
If the fixed penalty specified in the notice is not paid within the appropriate period, and the recipient fails without reasonable excuse to comply with the notice by furnishing a statutory statement of ownership under this Schedule, he shall be guilty of an offence.
3
If in compliance with or in response to the notice, any person furnishes a statement which is false in a material particular, and does so recklessly or knowing it to be false in that particular, he shall be guilty of an offence.
4
If the fixed penalty is paid by any person before the date on which proceedings are begun against the recipient for an offence under sub-paragraph (2) above in respect of a failure to comply with the notice, the payment of the penalty shall discharge any liability of the recipient for that offence.
5
Without prejudice to paragraph 3(1) of this Schedule—
a
conviction of any person of the offence specified in the notice shall discharge both the liability of any other person (under this Schedule or any other enactment) for that offence and the liability of any person for an offence under sub-paragraph (2) above in respect of a failure to comply with the notice; and
b
conviction of the recipient of an offence under sub-paragraph (2) above in respect of a failure to comply with the notice shall discharge the liability of any person for the offence specified in the notice.
6
Except as provided by sub-paragraphs (4) and (5) above, nothing in paragraph 5 of this Schedule or this paragraph shall affect the liability of any person for an offence specified in a notice under sub-paragraph (6) of that paragraph.
Sch. 12 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. I Group 2