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12.—(1) A fixed penalty notice may be withdrawn in any case in which an authorised person determines that it ought not to have been issued or ought not to have been issued to the person named as the person to whom it was issued.
(2) Where a fixed penalty notice has been withdrawn in accordance with paragraph (1)—
(a)any amount paid by way of fixed penalty in pursuance of that notice shall be repaid to the person who paid it, and
(b)no proceedings shall be continued or instituted against that person for the offence in connection with which the withdrawn notice was issued.
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