PART 3LITTER
District council notices
Failure to comply with notice: fixed penalty notices20
“Fixed penalty notices relating to Articles 12C and 1414A
(1)
This Article applies where on any occasion it appears to an authorised officer of a district council that a person has committed an offence under Article 12C(2) or 14(8) in relation to a notice served by that council.
(2)
The authorised officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the district council.
(3)
Paragraphs (2) to (5) of Article 6 (fixed penalty notices), apply in relation to notices given under this Article as they apply in relation to notices given under that Article.
(4)
The amount of a fixed penalty payable to a district council under this Article is—
(a)
the amount specified by the council in relation to its district; or
(b)
if no amount is so specified, £100.
(5)
The district council to which a fixed penalty is payable under this Article may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the council.
(6)
In any proceedings a certificate which—
(a)
purports to be signed by or on behalf of the clerk of the council, and
(b)
states that payment of a fixed penalty was or was not received by the date specified in the certificate,
is evidence of the facts stated.
(7)
In this Article—
“authorised officer”, in relation to a district council, means an officer of the council who is authorised in writing by the council for the purposes of giving notices under this Article;
“clerk of the council”, in relation to a district council, means the clerk appointed in accordance with section 41 of the Local Government Act (Northern Ireland) 1972.”.