Commentary on Sections Section 4
15.Section 3 of the 2012 Act inserted a reference to offences under section 1 of that Act into the table of fixed penalty offences in section 128 of the Antisocial Behaviour etc. (Scotland) Act 2004. The effect of this was to allow section 1 offences to be dealt with by the issuing of a fixed penalty notice, payment of which discharges the person’s liability to prosecution. Under section 131 of the 2004 Act, a person given a fixed penalty notice who, within a period of 28 days, neither pays the penalty (currently £40) nor opts to be tried for the offence becomes liable to a sum of one and a half times the original penalty (i.e. £60).
16.The Act, by repealing the 2012 Act, removes (from the relevant date) the ability to issue any further fixed penalty notices for 2012 Act offences. Section 4 is a consequential provision to repeal the entry in section 128 of the 2004 Act.