PART IIIFixed Penalties

Conditional offer of fixed penalty by procurator fiscal

43Endorsement of licences without hearings where conditional offer accepted

(1)Where a person (" the licence holder ") has delivered his licence to the clerk of court in accordance with section 42(2) of this Act, and where section 42(4) of this Act does not apply, his licence may be endorsed in accordance with this section without any order of a court.

(2)Where the fixed penalty is paid before the clerk of court gives notice to the procurator fiscal in terms of section 42(6) of this Act, the clerk of court shall thereupon endorse the relevant particulars on the licence and return it to the licence holder.

(3)Subsections (6) to (10) of section 34 of this Act shall apply to endorsement under this section as they apply to endorsement under that section and for the purpose of this subsection—

(a)references in those subsections to the fixed penalty clerk are references to the clerk of court specified in the conditional offer; and

(b)the reference in section 34(9) of this Act to section 41(2) of this Act includes a reference to section 42(4) of this Act.