Smoking, Health and Social Care (Scotland) Act 2005

Power to give fixed penalty noticesS

This adran has no associated Nodiadau Esboniadol

1(1)An authorised officer of a council may, if having reason to believe that a person is committing or has committed an offence [F1mentioned in sub-paragraph (1A)], give that person a fixed penalty notice in relation to that offence.

[F2(1A)An offence referred to in sub-paragraph (1) is—

(a)an offence under section 1, 2 or 3 in no-smoking premises within the area of the council,

(b)an offence under section 4A or 4B within the no-smoking area outside a hospital building within the area of the council,

(c)an offence under section 4C(5) in relation to a hospital building within the area of the council.]

(2)A constable may, if having reason to believe that a person is committing or has committed an offence under section 1, 2 [F3, 3, 4A, 4B or 4C(5)], give that person a fixed penalty notice in relation to that offence.

(3)In this schedule, “fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for an offence under section 1, 2 [F4, 3, 4A, 4B or 4C(5)] by payment of a fixed penalty.