4(1)Subject to sub-paragraph (2) below, the fixed penalty for an offence to which this Schedule applies shall be £10, or one half the maximum amount of the fine to which a person is liable on summary conviction of the offence, whichever is the less.
(2)The Secretary of State may by order provide for the fixed penalty to be in any case more or less than £10, but not more in the case of any offence than one-half the maximum amount of the fine to which a person is liable on summary conviction of that offence.
(3)Payment of a fixed penalty under this Schedule shall be made to such justices’ clerk as may be specified in the notice under paragraph 3 of this Schedule relating to that penalty; and sums paid by way of fixed penalty for an offence shall be treated for the purpose of section 61 of the Justices of the M1Peace Act 1979 (application of fines and fees) as if they were fines imposed on summary conviction for that offence.
(4)In any proceedings a certificate that payment of a fixed penalty was or was not made, by a date specified in the certificate, to the justices’ clerk specified in a notice under paragraph 3 of this Schedule relating to that penalty shall, if this certificate purports to be signed by the justices’ clerk, be sufficient evidence of the facts stated, unless the contrary is proved.
(5)Where, in England or Wales, a justices’ clerk for a petty sessions area comprised in the area of one responsible authority (within the meaning of section 59 of the Justices of the Peace Act 1979) discharges functions in connection with a fixed penalty under this Schedule for an offence alleged to have been committed in a petty sessions area comprised in the area of another such authority—
(a)that other authority shall make to the first-mentioned authority such payment in connection with the discharge of those functions as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State; and
(b)any such payment between responsible authorities shall be taken into account in determining for the purpose of subsection (4) of section 59 of that Act the net cost to those authorities respectively of the functions referred to in subsection (1) of that section.
(6)The Secretary of State may by regulations make provision as to any matter incidental to the operation of paragraphs 2 and 3 of this Schedule or this paragraph, and in particular—
(a)for prescribing the form of notice under paragraph 3 above and
(b)for prescribing the duties of justices, clerks and the information to be supplied to them.
(7)In the application of this paragraph to Scotland—
(a)any reference to a justices’ clerk shall be construed as a reference to a clerk of court;
(b)in sub-paragraph (3), for the words from “section 61" to “fines and fees)", there shall be substituted the words “determining their destination"; and
(c)sub-paragraphs (5) and (6)(b) shall not apply.
(8)In this paragraph “justices’ clerk” has the same meaning as in section 61 of the Justices of the M2Peace Act 1979.