PART 3TOBACCO AND NICOTINE PRODUCTS
CHAPTER 1SMOKING
Enforcement
I1I227Fixed penalty notices
1
Where an authorised officer has reason to believe that a person has committed either of the following offences on premises or in a place or vehicle in relation to which the enforcement authority is authorised to act—
a
an offence under section 5(1);
b
an offence under section 17(5),
the officer may give that person a fixed penalty notice in respect of the offence.
2
Where an authorised officer has reason to believe that a person has committed an offence under section 6(6) in relation to a vehicle being used for the purposes mentioned in subsection (4), in relation to which the enforcement authority is authorised to act, the officer may give that person a fixed penalty notice in respect of the offence.
3
A fixed penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by paying a fixed penalty.
4
The purposes are the social, domestic or other private purposes of the person believed by the authorised officer to have committed the offence.
5
In the case of an offence that an authorised officer has reason to believe has been committed by a partnership, the references in subsections (1) and (2) to the person to whom a fixed penalty notice may be given are to be treated as references to the partnership.
6
In the case of an offence that an authorised officer has reason to believe has been committed by an unincorporated association other than a partnership, the references in subsections (1) and (2) to the person to whom a fixed penalty notice may be given are to be treated as references to the association.
7
In this section, “partnership” means—
a
a partnership within the Partnership Act 1890 (c.39), or
b
a limited partnership registered under the Limited Partnerships Act 1907 (c.24).
8
For further provision about fixed penalties, see Schedule 1.