Road Traffic Act 2016

Amendment of section 36 of Act of 2010 - fixed charge notice - form

25. Section 36 of the Act of 2010 is amended—

(a) in subsection (1)(e) by substituting “paragraph (b), (c) or (e)” for “paragraph (b) or (c)” and by deleting “(within that meaning)” in both places it occurs,

(b) in subsection (1A) (inserted by section 77 (1)(e) of the Taxi Regulation Act 2013 )—

(i) by substituting “referred to in section 34(2)(e)” for “declared under section 34(c) to be a fixed charge offence and”, and

(ii) by substituting “subsection (2) of section 35 of the Taxi Regulation Act 2013 ” for “subsection (2) of section 35”,

(c) in subsection (2)(c) by deleting “and”,

(d) by substituting for subsection (2)(d) the following:

“(d) a prosecution in respect of the alleged offence will not be instituted during either 28 day period specified in the notice or, if a payment is made in accordance with the notice during either period, at all, and”,

(e) by inserting after subsection (2)(d) the following:

“(e) if the person is served with a summons in respect of the alleged offence the person may, not later than 7 days before the day specified in the summons on which the person is required to appear in court, make a payment of a fixed charge as specified in the notice served with the summons of an amount 100 per cent greater than the prescribed amount referred to in paragraph (b) and, if the person pays such amount proceedings in respect of the alleged offence will be discontinued.”,

(f) by inserting after subsection (3)(c) the following:

“(cc) a person who is served with a summons in respect of the alleged offence may, not later than 7 days before the day specified in the summons on which the person is required to appear in court, make a payment of a fixed charge of an amount 100 per cent greater than the prescribed amount referred to in paragraph (b),”,

(g) by substituting for subsection (3)(g) the following:

“(g) if the registered owner complies with section 35(6), a payment aforesaid need not be made by the registered owner and a prosecution of him or her in respect of the alleged offence will not be initiated,

(gg) if a summons has been served in respect of the alleged offence and, not later than 7 days before the day specified in the summons on which the person is required to appear in court, the person on whom the summons was served, makes a payment specified in the notice served with the summons, in accordance with that notice, the prosecution in respect of the alleged offence shall be discontinued,”,

and

(h) by deleting subsection (4).