Section 47 - Fixed monetary penalties: procedure
72.Section 47 details the minimum requirements that the Scottish Ministers must ensure are included within any fixed monetary penalty regime. In particular, when imposing a penalty Scottish Ministers must be required to issue a notice of intent to the person setting out the information specified in section 47(3) and providing the person with an opportunity to discharge their liability by payment of a prescribed sum. Alternatively a person is to be entitled to make representations, in accordance with section 47(2)(c)(i). Where the Scottish Ministers decide to impose a fixed monetary penalty, they must issue a final notice setting out the information specified in section 47(5). A person on whom a final notice is served has a right of appeal to the sheriff. Section 47(6) sets out the minimum grounds for appeal that must be available.
