S.L. 549.42 чл. 27ASpecial procedures.

(1)Notwithstanding anything contained in these regulations for the trial and punishments of offences and subject to the provisions of this regulation and of Schedule VIII, where the Wild

Birds Regulation Unit and, or, the Executive Police believe that a person has committed an offence against these regulations as found in Schedule VIII, the Executive Police shall confiscate the corpus delicti as specified in Schedule VIII and shall inform the Wild Birds Regulation Unit which shall, within thirty (30) days from such information, give notice in writing to such person describing the offence of which the person is accused, including the penalty points for each offence in terms of Schedule VIII, the steps to be taken to remedy the offence and the administrative penalty which he is required to pay in respect of that offence:

Provided that this regulation shall be without prejudice to the powers granted to the Executive Police under the Criminal Code:

Provided further that any person served with the notice who feels aggrieved by a decision of the Wild Birds Regulation Unit under this sub-regulation, may appeal to the Administrative Review

Tribunal established under the Administrative Justice Act for a revocation or modification of such administrative penalty, and the return of the corpus delicti confiscated in terms of this regulation.

(2) If at any time during a two (2) year period a person accumulates in aggregate twelve (12) penalty points or more as specified in Schedule VIII, the offence or offences committed shall be punishable in terms of sub-regulation 11(9) and the immediate confiscation of the corpus delicti as specified in Schedule VIII:

Provided that the accumulated points shall revert back to zero and the two (2) year period shall be reset if the licensee does not commit other offences listed in Schedule VIII within two (2) years from the date of last offence:

Provided further that in all cases, following reversion to zero points and resetting of the two (2) year period, the licensee shall remain subject to accumulation of penalty points for offences listed in Schedule VIII:

Provided further that, should the licensee appeal to the Administrative Review Tribunal and until the Tribunal decides whether or not to revoke or modify the administrative penalty, the two (2) year period shall continue to apply and the penalty points related to the offence in question shall remain valid and shall be added to any penalty points that the accused may have subsequently accumulated, and shall only be deducted from his total if he is acquitted of the charges brought against him.

(3) Where a notice under this regulation has been given, the person named in the notice may, within twenty-one (21) days of the service of the notice, accept responsibility for the offence specified in the notice and within the same period, remedy the offence and pay the penalty indicated in the notice:

Provided that where the person to whom notice is given under sub-regulation (1) does not accept or, having accepted such responsibility, fails to remedy the offence within the time aforesaid, ordinary criminal proceedings shall be taken against him in accordance with regulation 27. The two (2) year period shall continue to apply and the penalty points relating to the offence in question shall remain valid and shall be added to any penalty points that the accused may have accumulated, and shall only be deducted from his total if he is acquitted of the charges brought against him.

(4) The provisions of this regulation shall not apply in any case where the offence listed in Schedule VIII is accompanied by any offence which is not listed in the same Schedule including where the offence is committed in conjunction with any other offence under these regulations, with the exception of the administrative offences listed in Schedule VIII, and in such circumstances the provisions of regulation 27 shall automatically apply.

(5) Where a person holding a special licence issued in terms of the relevant Framework Regulations has committed an offence in terms of this regulation during the period of a derogation, the special licence obtained shall not be suspended:

Provided that when such person accumulates the twelve

(12) penalty points, in terms of the provisions of sub-regulation (2), during the period of a derogation or is charged or accused under regulation 27 in lieu of this regulation, such special licence shall be automatically revoked.