228Withdrawal of penalty notice

228 Withdrawal of penalty notice

228 Withdrawal of penalty notice

(1) An enforcement officer belonging to the same class of officers as the enforcement officer by whom a penalty notice has been issued—

(a) may withdraw the notice within 28 days after the date on which the notice was issued, and

(b) must withdraw the notice immediately if directed to do so by the EPA.

(2) The following provisions have effect in relation to an alleged offence if a penalty notice for the alleged offence is withdrawn in accordance with this section—

(a) The amount that was payable under the notice ceases to be payable.

(b) Any amount that has been paid under the notice is repayable to the person by whom it was paid.

(c) Further proceedings in respect of the alleged offence may be taken against any person (including the person to whom the notice was issued) as if the notice had never been issued.

s 228: Am 2002 No 14, Sch 2 [27]; 2020 No 30, Sch 1.35[5] [6].