Public Health etc. (Scotland) Act 2008

Valid from 01/12/2009

106Withdrawal of noticesS

This section has no associated Explanatory Notes

(1)The local authority must consider any representations made by or on behalf of the recipient of a fixed penalty notice and decide in all the circumstances whether to withdraw the notice.

(2)Where a fixed penalty notice is withdrawn in accordance with subsection (1)—

(a)the local authority must give notice of the withdrawal to the person to whom the fixed penalty notice was given;

(b)the local authority must repay any amount which has been paid under the fixed penalty notice; and

(c)no proceedings are to be commenced or continued against that person for the offence in question.