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PART 3Offences, penalties and prosecutions

Fixed penalty notices7.

(1)

An authorised person may issue a fixed penalty notice to any person (“P”) that the authorised person reasonably believes has committed an offence under regulation 6(1).

(2)

A fixed penalty notice is a notice offering P the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to—

(a)

the Welsh Ministers, or

(b)

a person designated by the Welsh Ministers for the purposes of receiving payment under this regulation.

(3)

Where a notice is issued under paragraph (1) in respect of an offence—

(a)

no proceedings may be taken for the offence before the end of the period of 28 days following the date the notice is issued;

(b)

P may not be convicted of the offence if P pays the fixed penalty before the end of that period.

(4)

A fixed penalty notice must—

(a)

describe the circumstances alleged to constitute the offence,

(b)

state the period during which (because of paragraph (3)(a)) proceedings will not be taken for the offence,

(c)

specify the amount of the fixed penalty,

(d)

state the name and address of the person to whom the fixed penalty may be paid, and

(e)

specify permissible methods of payment.

(5)

The amount of the fixed penalty specified under paragraph (4)(c) must be £4,000.

(6)

In any proceedings, a certificate—

(a)

that purports to be signed by or on behalf of—

(i)

the Welsh Ministers, or

(ii)

a person designated by the Welsh Ministers under paragraph (2)(b), and

(b)

states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,

is evidence of the facts stated.