(1)This section applies to a fixed penalty notice under section 1 or 2.
(2)A fixed penalty notice is a notice giving the person to whom it is issued the opportunity to discharge any liability to conviction for the offence to which it relates by payment of an amount specified in the notice within the relevant period.
(3)The amount specified in a fixed penalty notice may not exceed whichever is the lesser of—
(a)£5,000, and
(b)the maximum fine for which a person convicted of the offence is liable on summary conviction.
(4)The relevant period is the period of 28 days beginning with the date on which the fixed penalty notice is issued.
(5)A fixed penalty notice must explain—
(a)that the person issuing the notice is satisfied that the person has committed the offence, and why,
(b)the effect of subsection (6), and
(c)when and how payment may be made.
(6)Where a fixed penalty notice is issued to a person (and has not been withdrawn)—
(a)no proceedings may be instituted for the offence before the end of the relevant period, and
(b)the person may not be convicted of the offence if the person pays—
(i)the full amount of the fixed penalty in the notice before the end of the relevant period, or
(ii)50% of that amount before the end of the period of 14 days beginning with the date on which the relevant period starts.
(7)Where proceedings are instituted for the offence after the end of the relevant period, that period is to be disregarded for the purposes of calculating the period mentioned in section 127(1) of the Magistrates’ Court Act 1980.
Commencement Information
I1S. 3 not in force at Royal Assent, see s. 9(3)
I2S. 3 in force at 1.1.2024 by S.I. 2023/1262, reg. 2(c)