C1C2C3C4C5C6C8C9 Part II Establishments and agencies

Annotations:
Modifications etc. (not altering text)
C2

Pt. 2: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 102(1)-(3), 199; S.I. 2004/759, art. 5(2)

C4

Pt. 2 applied (with modifications) (E.) (31.8.2004) by The Adult Placement Schemes (England) Regulations 2004 (S.I. 2004/2071), reg. 40(2), Sch. 5

C5

Pt. 2 applied (with modifications) (W.) (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), reg. 3(3), Sch. 1

C6

Pt. 2: functions transferred (8.11.2006 for certain purposes and 1.4.2007 otherwise) by Education and Inspections Act 2006 (c. 40), ss. 148(1), 188(3); S.I. 2007/935, art. 5

C8

Pt. 2 applied (with modifications) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4

C9

Pt. 2 applied in part (with modifications) (E.) (28.4.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(2), 43(1), Sch. 4 (with reg. 44)

F1Penalty notices

Annotations:
Amendments (Textual)
F1

Ss. 30ZA, 30ZB and preceding cross-heading inserted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 25; S.I. 2009/462, art. 2, Sch. 1 para. 35

C730ZBPenalty notices: supplementary provision

1

The Welsh Ministers may by regulations make—

a

provision as to the form and content of penalty notices,

b

provision as to the monetary amount of the penalty and the time by which it is to be paid,

c

provision determining the methods by which penalties may be paid,

d

provision as to the records to be kept in relation to penalty notices,

e

provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

i

repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and

ii

prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates,

f

provision for a certificate—

i

purporting to be signed by or on behalf of a prescribed person, and

ii

stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated,

g

provision as to action to be taken if a penalty is not paid in accordance with a penalty notice, and

h

such other provision in relation to penalties or penalty notices as the Welsh Ministers think necessary or expedient.

2

Regulations under subsection (1)(b)—

a

may make provision for penalties of different amounts to be payable in different cases, including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid, but

b

must secure that the amount of any penalty payable in respect of any offence does not exceed one half of the maximum amount of the fine to which a person committing the offence would be liable on summary conviction F2or, where there is no such maximum amount, that it does not exceed the amount corresponding to level 4 on the standard scale for summary offences .

3

In this section—

  • “penalty” means a penalty under a penalty notice;

  • “penalty notice” has the meaning given by section 30ZA(4).