C1C3Part III C2 Fixed Penalties
Pt. III modified (16.8.2013) by The Fixed Penalty Offences Order 2013 (S.I. 2013/1565), arts. 1, 2
Definition in Pt. III (ss. 51-90) applied (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 18(7)(b), 101(1) (with Sch. 12 para. 6); S.I. 1992/333, art. 2(2), Sch.2
The fixed penalty procedure
72 Notices on-the-spot F2etc.: when registration and endorsement invalid.
1
This section applies where—
a
a person who has received notice of the registration, by virtue of section 55(3) of this Act, of a sum under section 71 of this Act for enforcement against him as a fine makes a statutory declaration to the effect mentioned in subsection (2) below, and
b
that declaration is, within twenty-one days of the date on which the person making it received notice of the registration, served on the F1proper officer of the relevant court.
2
The statutory declaration must state—
a
that the person making the declaration was not the person to whom the relevant fixed penalty notice was given, or
b
that he gave notice requesting a hearing in respect of the alleged offence as permitted by the fixed penalty notice before the end of the suspended enforcement period.
3
In any case within subsection (2)(a) above, the relevant fixed penalty notice, the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void.
F64
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34A
Where in any case within subsection (2)(a) above the driving record of the person to whom the relevant fixed penalty notice was given was endorsed under section 57A of this Act in respect of the offence in respect of which the notice was given, the endorsement shall be void.
5
In any case within subsection (2)(b) above—
a
the registration, any proceedings taken before the declaration was served for enforcing payment of the sum registered, and any endorsement, in respect of the offence in respect of which the relevant fixed penalty notice was given, made under section F7... F557A of this Act before the declaration was served, shall be void, and
b
the case shall be treated after the declaration is served as if the person making the declaration had given notice requesting a hearing in respect of the alleged offence as stated in the declaration.
F86
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46A
The proper officer of the relevant court must send notice to the Secretary of State of any endorsement of a person's driving record that is void by virtue of this section and the Secretary of State must adjust the endorsements on that record accordingly.
7
References in this section to the relevant fixed penalty notice are to the fixed penalty notice relating to the fixed penalty concerned.
Pt. III (ss. 51–90) amended by (E.W.) S.I. 1990/335, art. 2(1) and (S.) S.I. 1990/466, art. 2(1)
Pt. III (ss. 51-90) amended (1.8.1999) by S.I. 1999/1851, art. 2(1)