(1) The Council shall give written notice to a person of his or her liability to pay a fixed penalty, if the Council believes that an offence specified under Schedule 4 has been committed.
(2) If a person that is given written notice under subsection (1) does not wish to have the alleged offence heard and determined by a court, the person may, after the giving of the notice, pay the amount of money specified in Schedule 4 with regard to the alleged offence.
(3) A notice under subsection (1) must state —
(a) the section of this Act of which the Council believes that the supplier has breached;
(b) the fixed penalty for the alleged offence to which the notice relates, which at the date of giving the notice is believed to have been committed;
(c) the time period within which the fixed penalty under paragraph (b) must be paid;
(d) that the fixed penalty is payable to the Government;
(e) a warning that failure to pay the fixed penalty specified in the notice, may give rise to prosecution for an offence under this Act.
(4) A notice under subsection (1) must be —
(a) signed by the Chairperson of the Council;
(b) served on the person that is the subject of the notice.
(5) A person on which a notice is given may decline for an alleged offence to be dealt with under this section and, if the fixed penalty is not paid within the period specified in the notice or within such further time as may, whether before or after the expiry of that period, be allowed by the Council, is deemed to have declined to be so dealt with.
(6) The Council may, whether the fixed penalty has been paid, withdraw a notice under subsection (1) at any time after it was giving notice that the notice has been withdrawn.
(7) An amount that has been paid by way of a fixed penalty under a notice under subsection (1) that has been withdrawn under subsection (6) must be refunded.
(8) The amount of a fixed penalty paid under a notice under subsection (3)(b) is subject to subsection (7) as specified in Schedule 4.
(9) Where the fixed penalty specified in a notice under subsection (3) is paid in accordance with the notice and the notice is not withdrawn under subsection (6), proceedings shall not be brought or imposed if the person to which the notice was given has been found liable by a court of, and punished for the alleged offence.