A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty in accordance with these Regulations.

(3)

The penalty payable in respect of a fixed penalty notice, subject to paragraphs (4) and (5), is £60.

(4)

Unless paragraph (5) applies, if £30 is paid before the end of the period of 28 days beginning with the date of the fixed penalty notice, then that is the amount of the fixed penalty (and the fixed penalty notice must make known the effect of this paragraph).

(5)

If the person to whom a fixed penalty notice is given has already received a fixed penalty notice under these Regulations—

(a)

paragraph (4) does not apply, and

(b)

the penalty payable in the case of—

(i)

the second fixed penalty notice received is £120,

(ii)

the third and subsequent fixed penalty notice received is double the amount specified in the last fixed penalty notice received by that person, to a maximum of £960.

(6)

For the purpose of paragraph (5), a fixed penalty notice issued under the following provisions is to be treated as if it were issued under these Regulations—

(a)

regulation 16 of the Health Protection (Coronavirus)(Restrictions and Requirements) (Scotland) Regulations 2020,

(b)

regulation 9 of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 202028,

(c)

regulation 8 of the Health Protection (Coronavirus, Restrictions) (Aberdeen City) Regulations 202029,

(d)

regulation 13 of the Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 202030.

(7)

For the purpose of these Regulations—

(a)

the form of a fixed penalty notice,

(b)

the effect of a fixed penalty notice, and

(c)

the procedure that applies to a fixed penalty notice,

are the same as those that apply to a fixed penalty notice given under section 129(1) of the Antisocial Behaviour etc. (Scotland) Act 200431, as provided for in sections 129 to 134 of that Act and sections 226B and 226I of the Criminal Procedure (Scotland) Act 199532, subject to the modifications in paragraph (8).

(8)

The modifications are—

(a)

section 129(1) is to be disregarded,

(b)

the definitions of “fixed penalty notice” in sections 129(2) and 134 are to be construed as a reference to a notice under paragraph (1),

(c)

the definition of “prescribed area” in section 129(2) is to be disregarded,

(d)

section 130(1), (2) and (3)(f) is to be disregarded,

(e)

the references to “section 129” in section 131(1) and section 133(1) are to be construed as references to this regulation,

(f)

in section 131(5)—

(i)

the reference to “in accordance with this Part” is to be construed as a reference to these Regulations, and

(ii)

the reference to “a sum equal to one and a half times” is to be disregarded,

(g)

the definition of “fixed penalty offence” in section 134 is to be construed as though it referred to an offence of the type referred to in paragraph (1)(a),

(h)

in section 226B(5)(a)(ii) of the Criminal Procedure (Scotland) Act 1995—

(i)

the reference to “by virtue of section 131(5) of the Antisocial Behaviour etc. (Scotland) Act 2004” is to be construed as a reference to that section as modified by this paragraph, and

(ii)

the reference to “a fixed penalty notice given under section 129 (fixed penalty notices) of that Act” is to be construed as a reference to section 129 of the Antisocial Behaviour etc. (Scotland) Act 2004 as modified by this paragraph.