20 After Article 14 of the Litter (Northern Ireland) Order 1994 (NI 10) insert—
14A—(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.”.
Commencement Information
I1S. 20 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2