Public Health (Wales) Act 2017

Effect of notice and paymentE+W

10(1)Proceedings for the offence in respect of which a fixed penalty notice was given may not be brought before the end of the period for payment of the penalty.E+W

(2)Sub-paragraph (1) does not apply if the person to whom the notice was given has asked in accordance with paragraphs 15 and 16 to be tried for the alleged offence.

Commencement Information

I1Sch. 1 para. 10 in force at 29.9.2020 for specified purposes by S.I. 2020/1048, art. 2(1)(h)

I2Sch. 1 para. 10 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202, art. 2

11E+WIf the penalty is paid in accordance with the penalty notice before the end of the period mentioned in paragraph 10(1), no proceedings for the offence may be brought, and paragraph 15 does not apply.

Commencement Information

I3Sch. 1 para. 11 in force at 29.9.2020 for specified purposes by S.I. 2020/1048, art. 2(1)(h)

I4Sch. 1 para. 11 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202, art. 2

12E+WIf the discounted amount is paid in accordance with the penalty notice before the end of the period for payment of the discounted amount, no proceedings for the offence may be brought, and paragraph 15 does not apply.

Commencement Information

I5Sch. 1 para. 12 in force at 29.9.2020 for specified purposes by S.I. 2020/1048, art. 2(1)(h)

I6Sch. 1 para. 12 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202, art. 2

13E+WIf proceedings have been brought pursuant to a request under paragraph 15, but then the penalty or discounted amount is paid as mentioned in paragraph 11 or 12, those proceedings must not be continued.

Commencement Information

I7Sch. 1 para. 13 in force at 29.9.2020 for specified purposes by S.I. 2020/1048, art. 2(1)(h)

I8Sch. 1 para. 13 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202, art. 2

14E+WIn any proceedings, a certificate documenting payment of a penalty or discounted amount is evidence of the facts which it states if it—

(a)purports to be signed by or on behalf of the person responsible for the financial affairs of the issuing authority on behalf of which the authorised officer who gave the penalty notice was acting, and

(b)states that payment of the fixed penalty or discounted amount in pursuance of the notice was or was not received by a date specified in the certificate.

Commencement Information

I9Sch. 1 para. 14 in force at 29.9.2020 for specified purposes by S.I. 2020/1048, art. 2(1)(h)

I10Sch. 1 para. 14 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202, art. 2