SCHEDULE 1A

FIXED 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).
Sch. 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.