PART 2CHILD MINDING AND DAY CARE FOR CHILDREN

Offences, criminal proceedings and fixed penalties

I148Penalty notices: supplementary provisions

1

The Welsh Ministers may by regulations make provision about any of the following—

a

the form and content of penalty notices;

b

the monetary amount of the penalty and the time by which it is to be paid;

c

determination of the methods by which penalties may be paid;

d

the records to be kept in relation to penalty notices;

e

the withdrawal, in prescribed circumstances, of a penalty notice, including—

i

repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and

ii

prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates;

f

certificates to be received in evidence—

i

purporting to be signed by or on behalf of a prescribed person, and

ii

stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate;

g

action to be taken if a penalty is not paid in accordance with a penalty notice;

h

anything else in relation to penalties or penalty notices as the Welsh Ministers think necessary or expedient.

2

Regulations under subsection (1)(b)—

a

may make provision for penalties of different amounts to be payable in different cases, including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid, but

b

must secure that the amount of any penalty payable in respect of any offence does not exceed one half of the maximum amount of the fine to which a person committing the offence would be liable on summary convictionF1or, where there is no such maximum amount, that it does not exceed the amount corresponding to level 4 on the standard scale for summary offences.

3

In this section—

  • “penalty” means a penalty under a penalty notice;

  • “penalty notice” has the meaning given by section 47.