Public Health Act 2010 No 127
Current version for 23 November 2012 to date (accessed 23 May 2013 at 06:49)
118 Penalty notices
(1) An authorised officer may serve a penalty notice on a person if it
appears to the authorised officer that the person has committed an offence
against a provision of this Act or the regulations, being an offence
prescribed by the regulations as a penalty notice
offence.
(2) A penalty notice is a notice to the effect that, if the person
served does not wish to have the matter determined by a court, the person can
pay, within the time and to the person specified in the notice, the amount of
the penalty prescribed by the regulations for the offence if dealt with under
this section.
(3) A penalty notice under this section is declared to be a penalty
notice for the purposes of the Fines Act
1996.
(4) A penalty notice may be served personally or by
post.
(5) If the amount of penalty prescribed for an alleged offence is paid
under this section, no person is liable to any further proceedings for the
alleged offence.
(6) Payment under this section is not to be regarded as an admission
of liability for the purpose of, and does not in any way affect or prejudice,
any civil claim, action or proceeding arising out of the same
occurrence.
(7) The regulations:(a) may prescribe an offence for the purposes of this section by
specifying the offence or by referring to the provision creating the offence,
and
(b) may prescribe the amount of penalty payable for the offence if
dealt with under this section, and
(c) may prescribe different amounts of penalties for different
offences or classes of offences.
(8) The amount of a penalty prescribed under this section for an
offence is not to exceed the maximum amount of penalty that could be imposed
for the offence by a court.
(9) This section does not limit the operation of any other provision
of, or made under, this or any other Act relating to proceedings that may be
taken in respect of offences.