S.I. No. 480/2019 - Public Health (Alcohol) (Fixed Payment Notice) Regulations 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th September, 2019.

I, SIMON HARRIS, Minister of Health, in exercise of the powers conferred on me by sections 5 and 29 of the Public Health (Alcohol) Act (No. 24 of 2018), hereby make the following regulations:

1. (1) These Regulations may be cited as the Public Health (Alcohol) (Fixed Payment Notice) Regulations 2019.

(2) These Regulations shall come into operation on the 12th day of November 2019.

2. In these Regulations, “Act of 2018” means the Public Health (Alcohol) Act 2018 (No. 24 of 2018).

3. The form set out in the Schedule is prescribed for the purposes of section 29(1) of the Act of 2018.

4. The amount of €1,000 is prescribed, for the purposes of section 29(1)(c) of the Act of 2018, in relation to a relevant offence alleged to have been committed under paragraph (a), (b) or (c) of subsection (1) of section 17 of the Act of 2018.

Schedule

Regulation 3

Public Health (Alcohol) Act 2018

Section 29(1)

Fixed Payment Notice

To: ________________________ [insert full name]

Address: __________________________________________________ [insert address]

It is alleged that, at ___________________________________ [insert address of place where the offence is alleged to have been committed] on __________ 20 ___, at ___________ [insert time] you committed an offence under:

[Provision in the Act providing for the offence]

Particulars of offence:

[Description of factual situation constituting the contravention alleged]

A prosecution in respect of the alleged offence will not be instituted during the period of 28 days beginning on the date of this Notice. If, during that period, you pay to the Health Service Executive at _____________________________ [insert address], the sum of €1,000 accompanied by the original or a copy of this Notice, a prosecution will not be instituted at any time in respect of the aforementioned alleged offence.

You are not obliged to make the payment specified in this Notice. However, you will be prosecuted for the alleged offence if you do not make payment as mentioned above.

[Signature] ________________________

Authorised Officer _________________________

[Date] _____________________

IMPORTANT:

Payment should be made to the Health Service Executive at _________________________ [insert address]. A receipt will be issued.

Refund of a payment made pursuant to this Notice will not be made in any circumstance. You are entitled to disregard this Notice and defend the prosecution of the alleged offence in court.

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GIVEN under my Official Seal

20 September, 2019.

SIMON HARRIS,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the form of a fixed payment notice under the Public Health (Alcohol) Act 2018 (No. 24 of 2018) and the fixed payment payable in respect of the offence under that Act.

These Regulations may be cited as the Public Health (Alcohol) (Fixed Payment Notice) Regulations 2019 and come into operation on 12th November 2019.