Penalty notices

30ZAPenalty notices

1

Where the Welsh Ministers are satisfied that a person has committed a fixed penalty offence, they may give the person a penalty notice in respect of the offence.

2

A fixed penalty offence is any relevant offence which—

a

relates to an establishment or agency for which the Welsh Ministers are the registration authority, and

b

is prescribed for the purposes of this section.

3

A relevant offence is—

a

an offence under this Part or under regulations made under this Part, or

b

an offence under regulations made under section 9 of the Adoption and Children Act 2002.

4

A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence to which the notice relates by payment of a penalty in accordance with the notice.

5

Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.

6

Where a person is given a penalty notice, the person cannot be convicted of the offence to which the notice relates if the person pays the penalty in accordance with the notice.

7

Penalties under this section are payable to the Welsh Ministers.

8

In this section “prescribed” means prescribed by regulations made by the Welsh Ministers.

30ZBPenalty notices: supplementary provision

1

The Welsh Ministers may by regulations make—

a

provision as to the form and content of penalty notices,

b

provision as to the monetary amount of the penalty and the time by which it is to be paid,

c

provision determining the methods by which penalties may be paid,

d

provision as to the records to be kept in relation to penalty notices,

e

provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

i

repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and

ii

prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates,

f

provision for a certificate—

i

purporting to be signed by or on behalf of a prescribed person, and

ii

stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated,

g

provision as to action to be taken if a penalty is not paid in accordance with a penalty notice, and

h

such other provision in relation to penalties or penalty notices as the Welsh Ministers think necessary or expedient.

2

Regulations under subsection (1)(b)—

a

may make provision for penalties of different amounts to be payable in different cases, including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid, but

b

must secure that the amount of any penalty payable in respect of any offence does not exceed one half of the maximum amount of the fine to which a person committing the offence would be liable on summary conviction.

3

In this section—

• “penalty” means a penalty under a penalty notice;

• “penalty notice” has the meaning given by section 30ZA(4).