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Climate Change (Scotland) Act 2009
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- 2009 asp 12
- SCHEDULE 1A
- Restriction on proceedings and...
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[F1Restriction on proceedings and effect of paymentS
Textual Amendments
F1Sch. 1A inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 43(3), 61(2); S.S.I. 2014/160, art. 2(1)(2), Sch.
7(1)The earliest date that proceedings for the offence may be commenced is the day after the payment deadline.S
(2)But no such proceedings may be commenced against a person if—
(a)the person makes payment of the discounted amount on or before the discounted payment deadline (or that deadline as extended under paragraph 5(4)); or
(b)the person makes payment of the fixed penalty on or before the payment deadline (or that deadline as extended under paragraph 5(2)).
(3)In proceedings for the offence, a certificate which—
(a)purports to be signed by or on behalf of a person having responsibility for the financial affairs of the enforcement authority; and
(b)states that payment of an amount specified in the certificate was, or was not, received by a date so specified,
is sufficient evidence of the facts stated.
(4)Where the enforcement authority is a local authority, the reference to a person having responsibility for the financial affairs of the enforcement authority in sub-paragraph (3)(a) is to be read as a reference to the person who has, as respects the local authority, the responsibility mentioned in section 95 of the Local Government (Scotland) Act 1973 (financial administration).]
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