F3PART 4AFixed Penalty Notices
Fixed penalty noticesI111
1
A constable may issue a fixed penalty notice to anyone that the constable has reasonable grounds to believe—
a
has committed an offence under these Regulations, and
b
is aged 18 or over.
2
Subject to regulation 12(3) an immigration officer may issue a fixed penalty notice to anyone that the immigration officer has reasonable grounds to believe—
F4a
has committed—
i
an information offence,
ii
an offence under regulation 5B(1) F7...
F13iib
an offence under regulation 6A(2),
iic
an offence under regulation 6A(4),
iii
an offence under regulation 9(4), and
b
is aged 18 or over.
3
A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty in accordance with these Regulations.
4
For the purposes of these Regulations—
a
the form of a fixed penalty notice,
b
the effect of a fixed penalty notice, and
c
the procedure that applies to a fixed penalty notice,
are the same as those that apply to a fixed penalty notice given under section 129(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 M1, as provided for in sections 129 to 134 of that Act, and section 226B and 226I of the Criminal Procedure (Scotland) Act 1995 M2 subject to the modification in paragraph (5).
5
The modifications are—
a
section 129(1) is to be disregarded,
b
the definitions of “fixed penalty notice” in sections 129(2) and 134 are to be construed as a reference to a notice under paragraph (1),
c
the definition of “prescribed area” in section 129(2) is to be disregarded,
d
section 130(1), (2) and (3)(f) is to be disregarded,
e
the references to “section 129” in section 131(1) and section 133(1) are to be construed as references to this regulation,
f
the reference in section 131(5) to “in accordance with this Part” is to be construed as a reference to these Regulations and the reference to “a sum equal to one and a half times” is to be disregarded,
g
the definition of “fixed penalty offence” in section 134 is to be construed as though it referred to an offence of the type referred to in paragraph (1)(a),
h
the reference to “by virtue of section 131(5) of the Antisocial Behaviour etc. (Scotland) Act 2004” in section 226B(5)(a)(ii) of the Criminal Procedure (Scotland) Act 1995 is to be construed as a reference to that section as modified by this paragraph, and
i
the reference to “a fixed penalty notice given under section 129 (fixed penalty notices) of the Antisocial Behaviour etc. (Scotland) Act 2004” is to be construed as a reference to that section as modified by this paragraph.
Fixed penalty notices – penalty amountsI212
1
F112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The penalty payable is £480 in respect of a fixed penalty notice issued in respect of an offence under—
F5za
regulation 5B(1),
F12zai
regulation 5J(1),
a
regulation 9(1), F1...
F2b
regulation 9(2),
c
regulation 9(3), or
d
regulation 9(4) where the person is believed to have intentionally obstructed any person carrying out a function in relation to F6Part 2A or Part 4.
Pt. 4A heading inserted (15.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021 (S.S.I. 2021/20), regs. 1(2), 3(6) (with reg. 4)