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Street Trading Act (Northern Ireland) 2001

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This is the original version (as it was originally enacted).

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2.—(1) Where an authorised officer finds a person on any occasion and has reason to believe that on that occasion he is committing or has committed a fixed penalty offence, he may give that person a fixed penalty notice in respect of that offence.

(2) A person to whom a fixed penalty notice is given under this paragraph in respect of an offence shall not be liable to be convicted of that offence if the fixed penalty is paid in accordance with paragraph 3 before the expiration of the period of 14 days from the date of the notice or such longer period, if any, as may be specified in the notice.

(3) Where a person is given a fixed penalty notice under this paragraph in respect of an offence, proceedings shall not be taken against any person for that offence until the expiration of the period of 14 days from the date of the notice or such longer period, if any, as may have been specified in the notice.

(4) A notice under this paragraph—

(a)shall be in such form as the Department may prescribe; and

(b)shall give such particulars of the circumstances alleged to constitute the offence as are necessary for providing reasonable information of the offence.

(5) A notice under this paragraph shall state—

(a)the period during which, by virtue of sub-paragraph (3), proceedings will not be taken for the offence;

(b)the amount of the fixed penalty; and

(c)the person to whom and the address at which the fixed penalty may be paid.

(6) In this paragraph “proceedings” means any criminal proceedings in respect of the act constituting the offence specified in the notice under this paragraph, and “convicted” shall be construed in like manner.

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