SCHEDULE 1F3Fixed penalty for offences under sections 1, 2, 3, 4A, 4B and 4C(5)
I1C11Power to give fixed penalty notices
1
An authorised officer of a council may, if having reason to believe that a person is committing or has committed an offence F5mentioned in sub-paragraph (1A), give that person a fixed penalty notice in relation to that offence.
F41A
An offence referred to in sub-paragraph (1) is—
a
an offence under section 1, 2 or 3 in no-smoking premises within the area of the council,
b
an offence under section 4A or 4B within the no-smoking area outside a hospital building within the area of the council,
c
an offence under section 4C(5) in relation to a hospital building within the area of the council.
2
A constable may, if having reason to believe that a person is committing or has committed an offence under section 1, 2 F1, 3, 4A, 4B or 4C(5), give that person a fixed penalty notice in relation to that offence.
3
In this schedule, “fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for an offence under section 1, 2 F2, 3, 4A, 4B or 4C(5) by payment of a fixed penalty.
Sch. 1 title substituted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(8)(f), 36(2); S.S.I. 2022/43, reg. 2, sch.