Gas (Safety and Measurement) Regulations 2010

Schedule 2 Infringement notice and reminder notice

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Form 1 Infringement notice

Section 57C, Gas Act 1992

Infringement notice number:

This infringement notice is sent under section 57C of the Gas Act 1992—

  • to you (see your details below):

  • in respect of an alleged infringement offence (the offence) (see details of offence below):

  • by a person authorised to issue an infringement notice (the informant) (see details of informant below).

Your details

Full name:

Full address:

Telephone number(s):

Date of birth:

Gender:

Occupation:

Details of offence

Nature of offence:

Where it occurred:

When it occurred:

Offence against: [specify provision of Gas Act 1992 or Gas (Safety and Measurement) Regulations 2010]

Details of informant

Full name of informant:

Full address:

Payment of infringement fee

The amount of the infringement fee for the offence is [specify].

The fee is payable on or before [specify], which is 28 days after the date on which this notice is posted to you or delivered to you personally.

The fee must be paid to the informant at the informant’s address (see above) by delivering or posting it so that it arrives on or before the due date.

If you are paying by cheque, the cheque must be made out to [specify] and be crossed “not transferable”. When paying, include the following information with the payment:

  • the infringement notice number (given at the top of this notice):

  • your full name:

  • your address for contact, but only if it is different from the one shown on this notice.

Paying the infringement fee now

If you pay the infringement fee on or before the due date, no further action will be taken against you.

General enquiries

You may contact the informant at any time. Contacting the informant does not stop the infringement fee being payable by the due date, unless you request a hearing.

If you want further information, or if you want to raise any other matter, write to the informant at the informant’s address (see above). When writing, please give the infringement notice number (given at the top of this notice), your full name, and your address for contact (if different from the address on this notice).

Requesting hearing

You should write to the informant if you want to request a hearing on the grounds that—

  • you deny liability for the offence; or

  • you admit liability for the offence, but you want a court to consider written submissions by you about any matter, such as the amount of the penalty.

If you write to request a hearing, the request must be signed by you, and be received by the informant on or before the due date of the infringement fee, or by any later time allowed by the informant. When writing, give the infringement notice number (given at the top of this notice), your full name, and your address for contact (if different from the address on this notice).

If you write to request a hearing and deny liability, and if the informant decides to commence court proceedings against you, you will be served with a notice of hearing. The notice will set out the place, date, and time of the hearing before the court.

If the court finds you guilty of the offence, court costs will be imposed on you in addition to any fine.

If you write to request a hearing but you admit liability, your letter should clearly—

  • admit liability; and

  • set out the written submissions that you wish the court to consider.

The informant will file the letter containing your submissions in court. There is no provision for you to make oral submissions at the hearing, or for anyone else to do so on your behalf.

The court will impose court costs on you in addition to any fine.

In any proceedings, it is a defence if you prove that the infringement fee was paid in full to the informant, at the informant’s address, on or before the due date. Late payment, or payment to an address other than the informant’s address, is not a defence, but late payments may be applied towards any fine and costs you become liable to pay.

If you do nothing

If you have not paid the infringement fee by the due date, and have not requested a hearing on or before that date (or within any further time the informant allows), the informant may send you a reminder notice. The reminder notice will set out a final due date, which will be the date that is 28 days after the date on which the reminder notice is posted or delivered to you.

If you do not pay the infringement fee on or before that final due date and do not request a hearing on or before that date (or within any further time the informant allows), you will be liable to pay court costs in addition to a fine of the same amount as the infringement fee.

Further information

Further information about infringement offences and fees is contained in section 21 of the Summary Proceedings Act 1957 and section 375 of the Criminal Procedure Act 2011. If there is anything in this notice that you do not understand, contact a lawyer.

Schedule 2 form 1: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Form 2 Infringement reminder notice

Section 57D, Gas Act 1992

Infringement notice number:

An infringement notice was sent under section 57C of the Gas Act 1992—

  • to you (see your details below):

  • in respect of an alleged infringement offence (the offence) (see details of offence below):

  • by a person authorised to issue an infringement notice (the informant) (see details of informant below).

The infringement notice was served on [date] by [method of service].

This reminder notice is served on [date] by [method of service] at [full address at which reminder notice served].

Your details

Full name:

Full address:

Telephone number(s):

Date of birth:

Gender:

Occupation:

Details of offence

Nature of offence:

Where it occurred:

When it occurred:

Offence against: [specify provision of Gas Act 1992 or Gas (Safety and Measurement) Regulations 2010]

Details of informant

Full name of informant:

Full address:

Payment of infringement fee

The amount of the infringement fee for the offence is [specify].

Final due date

The due date for payment of the infringement fee was [specify]. By that date, payment had not been received, and you had not requested a hearing.

The final due date is now [specify], which is 28 days after the date on which this notice is posted to you or delivered to you.

The fee must be paid to the informant at the informant’s address (see above) by delivering or posting it so that it arrives on or before the final due date.

If you are paying by cheque, the cheque must be made out to [specify] and be crossed “not transferable”. When paying, include the following information with the payment:

  • the infringement notice number (given at the top of this notice):

  • your full name:

  • your address for contact, but only if it is different from the one shown on this notice.

Paying the infringement fee now

You can pay the infringement fee to the informant now, at the informant’s address. If you pay it on or before the final due date, no further action will be taken against you.

General enquiries

You may contact the informant at any time. Contacting the informant does not stop the infringement fee being payable by the final due date, unless you request a hearing.

If you want further information, or if you want to raise any other matter, write to the informant at the informant’s address (see above). When writing, please give the infringement notice number (given at the top of this notice), your full name, and your address for contact (if different from the address on this notice).

Requesting hearing

You should write to the informant if you want to request a hearing on the grounds that—

  • you deny liability for the offence; or

  • you admit liability for the offence, but you want a court to consider written submissions by you about any matter, such as the amount of the penalty.

If you write to request a hearing, the request must be signed by you, and be received by the informant on or before the final due date, or by any later time allowed by the informant. When writing, give the infringement notice number (given at the top of this notice), your full name, and your address for contact (if different from the address on this notice).

If you write to request a hearing and deny liability, and if the informant decides to commence court proceedings against you, you will be served with a notice of hearing. The notice will set out the place, date, and time of the hearing before the court.

If the court finds you guilty of the offence, court costs will be imposed on you in addition to any fine.

If you write to request a hearing but you admit liability, your letter should clearly—

  • admit liability; and

  • set out the written submissions that you wish the court to consider.

The informant will file the letter containing your submissions in court. There is no provision for you to make oral submissions at the hearing, or for anyone else to do so on your behalf.

The court will impose court costs on you in addition to any fine.

In any proceedings, it is a defence if you prove that the infringement fee was paid in full to the informant, at the informant’s address, on or before the final due date. Late payment, or payment to an address other than the informant’s address, is not a defence, but late payments may be applied towards any fine and costs you become liable to pay.

If you do nothing

If you do not pay the infringement fee on or before the final due date and do not request a hearing on or before that date (or within any further time the informant allows), you will be liable to pay court costs in addition to a fine of the same amount as the infringement fee.

Further information

Further information about infringement offences and fees is contained in section 21 of the Summary Proceedings Act 1957 and section 375 of the Criminal Procedure Act 2011. If there is anything in this notice that you do not understand, contact a lawyer.

Schedule 2 form 2: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).