9Removal of doubt relating to certain infringement notices

9 Removal of doubt relating to certain infringement notices

(1)  In this section –

former section 17 of the Principal Act means section 17 of the Principal Act as in force immediately before being substituted by section 4 of this Act;

former section 28 of the Principal Act means section 28 of the Principal Act as in force immediately before being repealed by section 5 of this Act;

registered operator has the same meaning as in the Principal Act;

substituted regulation 4 means regulation 4 of the Litter (Infringement Notices) Regulations 2007 as substituted by section 7 of this Act;

substituted section 17 of the Principal Act means section 17 of the Principal Act as substituted by section 4 of this Act.

(2)  If an infringement notice was served on the registered operator of a motor vehicle or trailer under former section 17 of the Principal Act or former section 28 of the Principal Act, or both of those sections –

(a) that infringement notice; and

(b) the service of that infringement notice; and

(c) a penalty paid in respect of that infringement notice; and

(d) a statutory declaration made in respect of that infringement notice; and

(e) any other act done or omitted to be done in respect of that infringement notice –

are as valid as if substituted section 17 of the Principal Act and substituted regulation 4 were in force at all relevant times and the infringement notice had been served in accordance with substituted section 17.

(3)  If a court makes a finding before 26 February 2009, or under subsection (4) , in relation to the validity of –