Climate Change (Scotland) Act 2009 (asp 12)

[F1 SCHEDULE 1A S FIXED PENALTIES

Textual Amendments

F1 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.

Withdrawal of fixed penalty notice S

8 (1) A recipient of a notice may make representations to the enforcement authority as to why the notice ought not to have been given. S

(2) If, having considered any representations under sub-paragraph (1), the enforcement authority considers that the notice ought not to have been given, it may give to the person a notice withdrawing the notice.

(3) Where a notice under sub-paragraph (2) is given—

(a) the enforcement authority must repay any amount which has been paid in pursuance of the fixed penalty notice; and

(b) no proceedings may be commenced against the person for the offence.]