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Antisocial Behaviour etc. (Scotland) Act 2004

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This is the original version (as it was originally enacted).

132Payment of fixed penalty

This section has no associated Explanatory Notes

(1)The fixed penalty stated in a fixed penalty notice is payable to the clerk of the district court specified in the notice.

(2)Payment of the penalty may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise).

(3)Subsection (4) applies if a person—

(a)claims to have made payment in accordance with subsection (2); and

(b)shows that a letter was posted.

(4)Unless the contrary is proved, payment is to be regarded as being made at the time at which the letter would be delivered in the ordinary course of post.

(5)Subsection (2) is not to be read as preventing the payment of a penalty by other means.

(6)Any sum received by the clerk of a district court by virtue of subsection (1) or section 131(5) shall be treated as if it were a fine imposed by that court.

(7)A letter is properly addressed for the purposes of subsection (2) if it is addressed in accordance with the requirements specified in the fixed penalty notice.

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