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 to the authority specified in the notice.

(3)

The authority specified in the notice must be—

(a)

the local authority (or as the case may be, any of the local authorities) in whose area the offence is alleged to have been committed (“the relevant local authority”), or

(b)

an officer designated by the Secretary of State or by the relevant local authority for the purposes of this regulation (“the designated officer”).

(4)

Where a person is issued with a notice under this regulation 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 of the notice;

(b)

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

(5)

A fixed penalty notice must—

(a)

give reasonably detailed particulars of the circumstances alleged to constitute the offence;

(b)

state the period during which (because of paragraph (4)(a)) proceedings will not be taken for the offence;

(c)

specify the amount of the fixed penalty (see regulations 12 and 13);

(d)

state the name and address of the designated officer to whom the fixed penalty may be paid;

(e)

specify permissible methods of payment.

(6)

Whatever other method may be specified under paragraph (5)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (5)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(7)

Where a letter is sent as mentioned in paragraph (6), payment is regarded as having been made at the time at which the letter would be delivered in the ordinary course of the post.

(8)

In any proceedings, a certificate—

(a)

that purports to be signed by or on behalf of—

(i)

the chief finance officer of the relevant local authority, where the authority to which payment is being made is a local authority, or

(ii)

the designated officer, and

(b)

that states that the payment was, or was not, received by the date specified in the certificate,

is evidence of the facts stated.

(9)

In this regulation, “authorised person” means—

(a)

a constable,

(b)

a police community support officer,

(c)

subject to paragraph (10), in relation to—

(i)

a transport hub from or to which a TfL public transport service is provided, or

(ii)

a TfL public transport service,

a TfL officer,

(d)

a person designated by the Secretary of State for the purposes of this regulation, or

(e)

subject to paragraph (11), a person designated by the relevant local authority for the purposes of this regulation.

(10)

A TfL officer may not issue a fixed penalty notice where the alleged offence relates to—

(a)

contravention of the requirements in regulation 6, or

(b)

contravention of the prohibition in regulation 7(1).

(11)

The relevant local authority may only designate a person for the purposes of this regulation to issue fixed penalty notices where the alleged offence relates to—

(a)

contravention of the requirements in regulation 6, or

(b)

contravention of the prohibition in regulation 7(1).