Agricultural and Food Supply Chain Act 2023
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Fixed payment notice | ||
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86. (1) This section applies where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under section 66 , section 78 (5) or section 80 . | ||
(2) The authorised officer shall report this to an authorised officer designated for the purposes of this subsection. | ||
(3) An officer who receives a report under subsection (2) may serve on the person a notice in writing (a “fixed payment notice”) stating that— | ||
(a) the person is alleged to have committed the offence, | ||
(b) the person may during the period of 28 days beginning on the date of the notice make to the regulator, at the address specified in the notice, a payment of €250, | ||
(c) the person is not obliged to make the payment, | ||
(d) a prosecution in respect of the alleged offence will not be instituted during the period in paragraph (b), and | ||
(e) if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted. | ||
(4) Where a fixed payment notice is served— | ||
(a) the person to whom the notice applies may make the payment required during the specified period, | ||
(b) the regulator may receive the payment, issue a receipt for it and retain the money so paid, and the payment is not recoverable in any circumstances by the person who made it, | ||
(c) a prosecution in respect of the alleged offence may not be instituted in the period specified in the notice, and | ||
(d) if the payment specified is made during that period, no prosecution in respect of the alleged offence may be instituted. | ||
(5) In proceedings for an offence referred to in subsection (1), the onus of proving that a payment in accordance with a fixed payment notice has been made lies on the person on whom the fixed payment notice was served. | ||
(6) In proceedings for an offence referred to in subsection (1), it is a defence for the accused to show that payment has been made pursuant to a fixed payment notice issued in respect of the offence. | ||
(7) The Minister may by order specify an amount not exceeding €1,000 in place of the amount specified in subsection (3)(b) and different amounts may be specified in respect of different offences. |