16(1)Section 76 (effect of order and payment of penalty) is amended as follows.U.K.
(2)In subsection (1), for “sent” substitute “ issued ”.
(3)For subsections (2) to (5) substitute—
“(2)Where the alleged offender makes payment of the fixed penalty in accordance with the conditional offer, no proceedings shall be brought against him for the offence to which the offer relates unless subsection (3) below applies.
(3)This subsection applies where—
(a)it appears to the appropriate person, on inspecting the licence and its counterpart, that the alleged offender would be liable to be disqualified under section 35 of this Act if he were convicted of the offence to which the conditional offer relates,
(b)the appropriate person returns the payment to the alleged offender together with his licence and its counterpart, and
(c)where the appropriate person is not the Secretary of State, the appropriate person gives notice that he has done so to the person required to be notified.
(4)Where the requirements specified in the conditional offer in accordance with sub-paragraphs (i) and (ii) of section 75(8)(a) of this Act have not been fulfilled, no proceedings shall be brought against the alleged offender for the offence to which the offer relates—
(a)until the end of the period of twenty-eight days following the date on which the conditional offer was made, or such longer period as may be specified in the offer, and
(b)where the appropriate person is not the Secretary of State, unless the appropriate person notifies the person required to be notified that proceedings may be brought by virtue of this subsection.
(5)In this section and section 77 of this Act “the person required to be notified” means—
(a)if the conditional offer was issued under subsection (1) of section 75 of this Act, the chief officer of police,
(b)if it was issued under subsection (2) of that section, the procurator fiscal, and
(c)if it was issued under subsection (3) of that section, the chief constable or (as the case may be) the chief constable of the British Transport Police Force.”
(4)In subsection (6), for “(4)(b)” substitute “ (3)(a) ”.
(5)In subsection (7), for—
(a)“the fixed penalty clerk”, and
(b)“that clerk”,
substitute “ the appropriate person ”.
F1(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In subsection (9), for “(2)(b)” substitute “ (5)(b) or (c) ”.
Textual Amendments
F1Sch. 1 para. 16(6) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(4); S.I. 2015/560, art. 3(b) (with arts. 4-9)
Commencement Information
I1Sch. 1 para. 16 in force at 31.3.2009 by S.I. 2008/3164, art. 3(b)