C3C1C4C2C5PART 1REGULATION OF SOCIAL CARE SERVICES

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C3C1C4C2CHAPTER 5OFFENCES AND PENALTIES

I152Penalty notices

1

The Welsh Ministers may give a penalty notice to a person if they are satisfied that the person has committed a prescribed offence.

2

Only offences under sections 47, 48 or 49 or under regulations made under section 45 or 46 may be so prescribed.

3

A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence to which the notice relates by payment to the Welsh Ministers of a sum specified in the notice in accordance with the terms of the notice.

4

Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be brought before the end of such period as may be specified in the notice.

5

If a person who is given a penalty notice pays the sum specified in the notice in accordance with the terms of the notice, the person cannot be convicted of the offence to which the notice relates.

6

The Welsh Ministers may by regulations make provision—

a

as to the form and content of penalty notices;

b

as to the sum payable under a penalty notice and the time within which it is to be paid (including provision permitting a different sum to be payable in relation to different offences and according to the time by which it is paid);

c

determining the ways in which a sum may be paid;

d

as to the records to be kept in relation to penalty notices;

e

about the circumstances in which a penalty notice may be withdrawn, including provision about—

i

the repayment of any sum paid before a notice is withdrawn, and

ii

the circumstances in which proceedings for an offence may not be brought despite the withdrawal of a notice.

7

Regulations under subsection (6)(b) may not make provision for a sum to be payable under a penalty notice which exceeds two and a half times level 4 on the standard scale.