Culture and Recreation Bill [H.L.] - continued        House of Lords

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Fixed penalty offences
Fixed penalty offences.     15. - (1) Regulations under section 2 of the Parks Regulation (Amendment) Act 1926 may designate specified provisions of the regulations as fixed penalty regulations.
      (2) An offence under that section which is committed by failing to comply with, or acting in contravention of, a fixed penalty regulation is a fixed penalty offence for the purposes of section 16.
Fixed penalty notices.     16. - (1) If a constable finds a person who he has reason to believe is committing or has on that occasion committed a fixed penalty offence, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
      (2) The fixed penalty payable in pursuance of a notice under this section shall be such amount as the relevant Minister may from time to time specify by order.
      (3) The amount which may be specified by order under subsection (2) in respect of a fixed penalty offence may not exceed one half of the maximum amount of the fine to which a person committing that offence would be liable on summary conviction.
      (4) If a person is given a notice in respect of an offence-
    (a) no proceedings shall be instituted for that offence before the end of the period of 28 days following the date of the notice;
    (b) he shall not be convicted of that offence if he pays the fixed penalty before the end of that period.
      (5) A notice shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
      (6) A notice shall state-
    (a) the period during which, by virtue of subsection (4), proceedings will not be taken for the offence,
    (b) the amount of the fixed penalty,
    (c) the person who is authorised to accept payment of the fixed penalty,
    (d) the address at which the fixed penalty may be paid, and
    (e) the method or methods by which payment may be made.
      (7) The form of a notice shall be such as the relevant Minister may direct.
      (8) For the purposes of this section and section 17 a person is authorised to accept payment of a fixed penalty if he is authorised in writing by the relevant Minister for that purpose or he is an employee of such a person.
      (9) In this section-
    "constable" includes a park constable within the meaning of section 3 of the Parks Regulation Act 1872;
    "the relevant Minister" means-
      (a) in the case of fixed penalty offences in respect of regulations made by the Minister of Agriculture, Fisheries and Food, that Minister; and
      (b) in any other case, the Secretary of State.
Fixed penalties: further provision.     17. - (1) A fixed penalty may be paid by pre-paying and posting to the person specified in the notice under section 16 at the address so specified a letter containing the amount of the penalty.
      (2) Where a letter is sent in accordance with subsection (1) payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
      (3) In any proceedings a certificate which-
    (a) purports to be signed by a person authorised to accept payment of a fixed penalty, and
    (b) states that payment of a fixed penalty was or was not received on or before a date specified in the certificate,
       shall be evidence of the facts stated.
Amendment of Parks Regulation (Amendment) Act 1926.     18. - (1) For subsection (2) of section 2 of the Parks Regulation (Amendment) Act 1926 there shall be substituted-
      (2) Any power to make regulations under this Act shall be exercisable by statutory instrument; and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
      (2) For the purposes of the Scotland Act 1998, this section shall be taken to be a pre-commencement enactment within the meaning of that Act.
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