Street Trading (Fixed Penalty) (Notice and Procedure) Regulations (Northern Ireland) 2001

Made: 11th April 2001

Coming into operation: 1st October 2001

The Department for Social Development, in exercise of the powers conferred on it by section 22 of, and paragraphs 2(4) and 3(4)(b) of Schedule 1 to, the Street Trading Act (Northern Ireland) 2001[^f00001] and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Street Trading (Fixed Penalty) (Notice and Procedure) Regulations (Northern Ireland) 2001 and shall come into operation on 1st October 2001.

• (2) In these Regulations—

• “the Act” means the Street Trading Act (Northern Ireland) 2001;

• “notice” means a fixed penalty notice under Schedule 1 to the Act.

Fixed penalty notice

2

A fixed penalty notice under paragraph 2 of Schedule 1 to the Act shall be as specified in the form set out in the Schedule.

Information to clerks of petty sessions

3

For the purposes of paragraph 3(4)(b) of Schedule 1 to the Act the following information shall be supplied to clerks of petty sessions:

• (a) the name and address of the person to whom a notice has been issued;

• (b) the serial number of the notice;

• (c) the offence specified on the notice;

• (d) the amount of the fixed penalty concerned;

• (e) the date of the notice; and

• (f) the date by which the fixed penalty may be paid.

SCHEDULE

Part 1

Fixed Penalty Notice

Part 2

Signed

Sealed with the Official Seal of the Department for Social Development on 11th April 2001.

J. V. Allister — Senior Officer of the — Department for Social Development

Explanatory note

(This note is not part of the Regulations.)

These Regulations prescribe the form of the fixed penalty notice which may be given by an authorised officer of a district council to a person under Schedule 1 to the Street Trading Act (Northern Ireland) 2001. The notice offers the opportunity of discharging (by payment of a fixed penalty to a clerk of petty sessions by a given date) any liability to conviction of the offence under paragraph (a) or (b) of section 21 of the Act as specified in the notice.

Paragraph (a) of section 21 relates to the contravention, without reasonable excuse, of certain conditions of a street trading licence by:

• selling or supplying different articles, things or services to those specified;

• using receptacles of a different nature, size, type or number to those specified;

• failing to prominently display the name and licence number of the licence holder;

• failing to comply with the conditions governing the storage of articles, things or receptacles;

• failing to comply with the conditions governing the deposit and removal of refuse, including any containers used and their location.

Paragraph (b) of section 21 relates to failing, on demand, to produce a street trading licence or temporary licence to an authorised officer of the district council or a police constable.

The Regulations also prescribe the information to be supplied to a clerk of petty sessions in relation to a fixed penalty notice.

Footnotes

[^f00001]: S.I. 2001 c. 8 (N.I.)