F1SCHEDULE 1AFIXED PENALTIES
Restriction on proceedings and effect of payment
7
(1)
The earliest date that proceedings for the offence may be commenced is the day after the payment deadline.
(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).