The Fixed Penalty (Procedure) Regulations 1986

• Citation: S.I. 1986/1330
• Sections: 11

Section 1

(1) These Regulations may be cited as the Fixed Penalty (Procedure) Regulations 1986 and shall come into operation on 1st October 1986.

(2) In these Regulations any reference to a section is a reference to a section of the Transport Act 1982.

(3) These Regulations do not extend to Scotland.

Section 2

(1) Subject to paragraph (2) below, in the documents described in column 1 of the Schedule to these Regulations and referred to in the provisions of the Act specified in column 2 of the Schedule there shall be provided the information or, as the case may be, further information prescribed in column 3 of the Schedule.

(2) The information prescribed in the Schedule in relation to a fixed penalty notice need not be provided if the offender's driving licence would not be subject to endorsement on conviction of the offence in respect of which the notice was given.

Section 3

(1) A copy of any fixed penalty notice given or affixed under section 27 shall be forwarded by or on behalf of the constable or traffic warden giving or affixing the notice to the fixed penalty clerk unless the fixed penalty clerk has notified the chief officer of police that he does not wish to receive a copy of any such notice.

(2) Where a fixed penalty notice has been given to a person under section 27 and that person has surrendered his driving licence in accordance with that section the driving licence shall be forwarded by or on behalf of the constable to the fixed penalty clerk.

Section 4

(1) Where a constable has issued a fixed penalty notice to a person under section 28(2), he shall send a notice indicating that fact to the chief officer of police together with that person's driving licence.

(2) Subject to paragraph (3) below, on receipt of the documents referred to in paragraph (1) above the chief officer of police shall send the driving licence and a copy of the notice issued under section 28(1) to the fixed penalty clerk and notify him that a fixed penalty notice has been issued under section 28(2).

(3) The chief officer of police shall not send a copy of the notice issued under section 28(1) to the fixed penalty clerk under paragraph (2) above if the fixed penalty clerk has notified the chief officer of police that he does not wish to receive a copy of any such notice.

Section 5

(1) On receipt of the remittance in respect of a fixed penalty the fixed penalty clerk shall notify the chief officer of police that the remittance has been received.

(2) If payment of the fixed penalty is made by a person otherwise than as required by the fixed penalty notice the fixed penalty clerk shall return the remittance to that person.

(3) Where a remittance in respect of a fixed penalty is sent by a person to a justices' clerk who is not the fixed penalty clerk specified in the fixed penalty notice, the justices' clerk shall return the remittance to that person.

Section 6

Where—

(a) the suspended enforcement period has expired; and

(b) the fixed penalty has not been paid; and

(c) either the person to whom the fixed penalty notice was given has requested a hearing under section 30(2) or 31(3) or no registration certificate has been issued under section 36(2),

the chief officer of police shall notify the fixed penalty clerk accordingly and the fixed penalty clerk shall, where an endorsable offence is involved, return the driving licence to the person to whom the fixed penalty notice was given.

Section 7

Where—

(a) the suspended enforcement period has expired; and

(b) the fixed penalty has not been paid; and

(c) a registration certificate has been issued under section 36(2),

the chief officer of police shall notify the fixed penalty clerk accordingly.

Section 8

Where in a case involving an endorsable offence any sum determined by reference to the fixed penalty is registered under section 36 for enforcement against the licence holder as a fine the justices' clerk at the court where the sum is registered shall notify the fixed penalty clerk to whom the driving licence was sent that the sum has been registered.

Section 9

Where a fixed penalty notice is issued under section 27(1) or 28(2) the fixed penalty clerk shall not accept payment of the fixed penalty after the expiry of the suspended enforcement period.

Section 10

Where a fixed penalty is paid within the suspended enforcement period the fixed penalty clerk shall send a receipt for the payment, if requested, to the payer.

Section 11

For the purposes of section 35(3)(a) (which provides that a licence receipt issued by a constable is to cease to have effect on the expiration of the period of one month beginning with the date of issue) there shall be prescribed a longer period of two months beginning with the same date.