PART IX Summary Proceedings

General

136BF1 Time limits where fixed penalty offer etc. made

1

For the purposes of section 136 of this Act, and any provision of any other enactment for a time limit within which proceedings are to be commenced, in calculating the period since a contravention occurred—

a

where a fixed penalty offer is made under section 302(1) of this Act, the period between the date of the offer and—

i

the receipt by the procurator fiscal of a notice under section 302(4) of this Act;

ii

a recall of the fixed penalty by virtue of section 302C of this Act,

shall be disregarded;

b

where a compensation offer is made under section 302A(1) of this Act, the period between the date of the offer and—

i

the receipt by the procurator fiscal of a notice under section 302A(4) of this Act;

ii

a recall of the offer by virtue of section 302C of this Act,

shall be disregarded;

c

where a work offer is made under section 303ZA(1) of this Act, the period between the date of the offer and—

i

if the alleged offender does not accept the offer in the manner described in section 303ZA(5) of this Act, the last date for notice of acceptance of the offer;

ii

if the alleged offender accepts the offer as so described, but fails to complete the subsequent work order, the date specified for completion of the order,

shall be disregarded.

2

A certificate purporting to be signed by or on behalf of the prosecutor which states a period to be disregarded by virtue of subsection (1) above is sufficient authority for the period to be disregarded.