Modifications etc. (not altering text)
C1Pt. 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)
C2Pt. III modified (16.8.2013) by The Fixed Penalty Offences Order 2013 (S.I. 2013/1565), arts. 1, 2
C3Definition 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
Textual Amendments
F1Ss. 75-77 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s.34; S.I. 1992/1286, art. 2,Sch.
(1)This section applies where a conditional offer has been [F3issued] to a person under section 75 of this Act.
[F4(2)Where the alleged offender [F5has fulfilled the conditions specified in the conditional offer under section 75(8A)(a)], no proceedings shall be brought against him for the offence to which the offer relates unless subsection (3) below applies.
(3)This subsection applies where—
(a)it appears to the appropriate person, on F6... [F7accessing information held on [F8the alleged offender's] driving record], that the alleged offender would be liable to be disqualified under section 35 of this Act if he were convicted of the offence to which the conditional offer relates,
(b)the appropriate person returns the payment to the alleged offender F9... F10..., and
(c)where the appropriate person is not the Secretary of State, the appropriate person gives notice that he has done so to the person required to be notified.
(4)Where the [F11alleged offender has not fulfilled the conditions specified in the conditional offer under section 75(8A)(a)], no proceedings shall be brought against the alleged offender for the offence to which the offer relates—
(a)until the end of the period of twenty-eight days following the date on which the conditional offer was made, or such longer period as may be specified in the offer, and
(b)where the appropriate person is not the Secretary of State, unless the appropriate person notifies the person required to be notified that proceedings may be brought by virtue of this subsection.
(5) In this section and section [F1277A] of this Act “ the person required to be notified ” means—
(a)if the conditional offer was issued under subsection (1) of section 75 of this Act, the chief officer of police,
(b)if it was issued under subsection (2) of that section, the procurator fiscal, and
(c)if it was issued under subsection (3) of that section, the chief constable or (as the case may be) the chief constable of the British Transport Police Force.]
(6)In determining for the purposes of subsection [F13(3)(a)] above whether a person convicted of an offence would be liable to disqualification under section 35, 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 of Schedule 2 to this Act, 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 [F14the appropriate person] shall, if the certificate purports to be signed by [F14the appropriate person], be evidence, or in Scotland sufficient evidence, of the facts stated.
F15(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)In Scotland, the Secretary of State may by regulations vary the provisions of subsection [F16(5)(b) or (c)] above.
Textual Amendments
F2 Ss. 75-77 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 34; S.I. 1992/1286, art. 2, Sch.
F3 Word in s. 76(1) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1) (10), Sch. 1 para. 16(2); S.I. 2008/3164, art. 3(b)
F4 S. 76(2)-(5) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1) (10), Sch. 1 para. 16(3); S.I. 2008/3164, art. 3(b)
F5Words in s. 76(2) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 94(3)(a), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F6Words in s. 76(3)(a) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 52(2)(a), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F7Words in s. 76(3)(a) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 25(2)(a); S.I. 2008/3164, art. 4(b)
F8Words in s. 76(3)(a) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 52(2)(a); S.I. 2015/560, art. 3(a) (with arts. 4-9)
F9Words in s. 76(3)(b) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 94(3)(b), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F10Words in s. 76(3)(b) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 52(2)(b), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F11Words in s. 76(4) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 94(3)(c), 208(1); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
F12Word in s. 76(5) substituted (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 3(e)
F13 Word in s. 76(6) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1) (10), Sch. 1 para. 16(4); S.I. 2008/3164, art. 3(b)
F14 Words in s. 76(7) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1) (10), Sch. 1 para. 16(5); S.I. 2008/3164, art. 3(b)
F15S. 76(8) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 52(4), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F16 Words in s. 76(9) substituted (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1) (10), Sch. 1 para. 16(7); S.I. 2008/3164, art. 3(b)