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Antisocial Behaviour etc. (Scotland) Act 2004

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This is the original version (as it was originally enacted).

133Revocation of fixed penalty notices

This section has no associated Explanatory Notes

(1)If—

(a)a fixed penalty notice is given to a person under section 129; and

(b)a constable determines that either of the conditions mentioned in subsection (2) is satisfied,

the constable may revoke the notice.

(2)Those conditions are—

(a)that the offence to which the fixed penalty notice relates was not committed; and

(b)that the notice ought not to have been issued to the person named as the person to whom it was issued.

(3)Where a fixed penalty notice is revoked—

(a)no amount shall be payable by way of fixed penalty in pursuance of that notice; and

(b)any amount paid by way of fixed penalty in pursuance of that notice shall be repaid to the person who paid it.

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