Fisheries (Amendment) Act, 1999
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Provisions relating to certain offences under regulations made under section 24 . |
25.—(1) This section applies to such offences under regulations made under section 24 as may be declared by the Minister by regulations to be offences to which this section applies. | |
(2) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence to which this section applies, he or she may serve the person with a notice in the prescribed form stating that— | ||
(a) the person is alleged to have committed the offence, | ||
(b) the person may during the period of 21 days beginning on the date of the notice make to the regional board concerned at the address specified in the notice a payment of £100 accompanied by the notice, and | ||
(c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted. | ||
(3) Where notice is given under subsection (2)— | ||
(a) a person to whom the notice applies may, during the period specified in the notice, make to the regional board concerned at the address specified in the notice the payment specified in the notice accompanied by the notice; | ||
(b) the regional board specified in the notice may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it; | ||
(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted. | ||
(4) In a prosecution for an offence under this section the onus of proving that a payment pursuant to a notice under this section has been made shall lie on the defendant. | ||
(5) The Minister may by regulations vary the amount standing specified for the time being in subsection (2) (b). |