Explanatory Notes

Aquaculture and Fisheries (Scotland) Act 2007

2007 asp 12

5th April 2007

The Act

Part 4:  Sea Fisheries

Fixed penalty notices

Section 31 – Withdrawal of a fixed penalty notice or expiry of period for paying

71.Section 31(1) allows a British sea-fishery officer to withdraw a fixed penalty notice if the officer determines that the offence to which it relates was not committed or that the notice ought not to have been issued to the person to whom it was issued. Subsection (2) provides that where a notice has been withdrawn, no amount is payable by way of fixed penalty in pursuance of that notice, and any amount which has already been paid must be repaid. Subsection (3) provides that where the period for paying has expired, no amount is payable by way of fixed penalty in pursuance of that notice.