PART IVFIXED PENALTIES

The fixed penalty procedure

Registration certificates75

1

This Article and Article 76 apply where by virtue of Article 61(3) or 69(2) a sum determined by reference to the fixed penalty for any offence may be registered under Article 76 for enforcement against any person as a fine.

In this Article and Article 76—

  1. a

    that sum is referred to as a “sum payable in default”, and

  2. b

    the person against whom that sum may be so registered is referred to as the “defaulter”.

2

Subject to paragraph (3), the F1relevant person, or a person authorised by him to act in that behalf, may in respect of any sum payable in default issue a certificate (referred to in this Article and Article 76 as a “registration certificate”) stating that the sum is registrable under Article 76 for enforcement against the defaulter as a fine.

F22A

In paragraph (2) “the relevant person” means–

a

if the fixed penalty notice in question was given or fixed by a constable or given by an authorised person, the Chief Constable, and

b

if it was given or fixed by a vehicle examiner or given by the Department, the Department.

3

Where F3a person issues a registration certificate under this Article, he must cause it to be sent to the clerk of petty sessions for such petty sessions district as the Lord Chancellor may direct.

4

A registration certificate issued under this Article in respect of any sum payable in default must—

a

give particulars of the offence to which the fixed penalty notice relates,

b

indicate whether registration is authorised under Article 61(3) or 69(2), and

c

state the name and last known address of the defaulter and the amount of the sum payable in default.