SCHEDULES
SCHEDULE 1Giving of fixed penalty notices by vehicle examiners etc.
Road Traffic Offenders Act 1988 (c. 53)
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1
Section 75 (issue of conditional offer) is amended as follows.
2
After subsection (1) insert—
1A
Where in England and Wales—
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 section 54 of this Act or fixed to a vehicle under section 62 of this Act,
a notice under this section may be sent to the alleged offender by the Secretary of State.
3
After subsection (3A) insert—
3B
Where in Scotland a vehicle examiner—
a
on any occasion has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence, he may hand to that person,
b
in any case has reason to believe that a fixed penalty offence has been committed, he or another person authorised in that respect by the Secretary of State may send to the alleged offender,
a notice under this section.
4
In subsection (4), for “and (3)” substitute “
to (3B)
”
.
5
In subsection (6), for “person issues a conditional offer” substitute “
conditional offer is issued by a person under subsection (1), (2) or (3) above
”
.
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7
After subsection (11) insert—
11A
In this section and sections 76 and 77 of this Act “the appropriate person” means—
a
where the conditional offer was issued under subsection (1), (2) or (3) above, the fixed penalty clerk, and
b
where the conditional offer was issued under subsection (1A) or (3B) above, the Secretary of State.