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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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Changes over time for: Cross Heading: Restriction on proceedings and effect of payment
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Climate Change (Scotland) Act 2009, Cross Heading: Restriction on proceedings and effect of payment is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 78A and cross-heading inserted by 2024 asp 13 s. 9(2)
- s. 84(8) inserted by 2024 asp 13 s. 10(3)
- s. 87A and cross-heading inserted by 2024 asp 13 s. 10(4)
- s. 97(1)(c) inserted by 2024 asp 13 s. 10(8)(b)
[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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