Food Hygiene Rating Act (Northern Ireland) 2016

Effect of notice and payment

6.—(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 fixed penalty.

(2) Sub-paragraph (1) does not apply if the person to whom the notice was given has asked in accordance with paragraphs 11 and 12 to be tried for the alleged offence.

7.  If the fixed penalty is paid in accordance with the fixed penalty notice before the end of the period for payment of the fixed penalty, no proceedings for the offence may be brought and paragraph 11 does not apply.

8.  If proceedings have been brought following a request under paragraph 11, but the penalty is then paid as mentioned in paragraph 7, the proceedings may not be continued.

9.  In proceedings for the offence in respect of which a fixed penalty notice was given, a certificate 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 district council for which the authorised officer who gave a fixed penalty notice was acting, and

(b) states that payment of the fixed penalty in response to the notice was or was not received by the expiry of the period within which that fixed penalty may be paid.

10.  Any sum received by a district council under this Schedule accrues to it; but the district council may use the sums received only for the purposes of its functions under this Act.