46.— Section 3 F89[…] of the Local Authorities (Traffic Wardens) Act 1975 is amended by substituting for subsection (2) (inserted by section 12 of the Act of 2002) the following:

“(2) Where a traffic warden has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person—

(a) if the warden identifies the person, the warden may serve, or cause to be served, personally or by post, on the person a notice under this section, or

(b) if the warden does not identify the person and the offence involves the use of a mechanically propelled vehicle, the warden may—

(i) serve, or cause to be served, personally or by post, on the registered owner of the vehicle a notice under this section, or

(ii) affix such a notice to the vehicle.

(2A) A prosecution in respect of a fixed charge offence shall not be instituted unless a notice under this section in respect of the alleged offence has been served on the person concerned under this section and the person fails to pay the fixed charge in accordance with the notice.”.