Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Act 2023
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Fixed payment notice | ||
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55. (1) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under section 6 (2) or (3)(d), 7 (8), 8 (3), 13 (3), 14 (2), 16 (2), 17 (3), 18 (5)(b), 19 (2), 21 (5)(b), 22 (2), 26 (2)(a), 28 (4), 29 (2), 30 (3) or 32 (3)(a), he or she may serve on the person a notice in writing (in this section referred to as 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 Minister, at the address specified in the notice, a payment of €500 accompanied by the notice, | ||
(c) the person is not obliged to make the payment, and | ||
(d) 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. | ||
(2) Where a fixed payment notice is served under subsection (1)— | ||
(a) the person to whom the notice applies may, during the period specified in the notice, make to the Minister at the address specified in the notice the payment specified in the notice accompanied by the notice, | ||
(b) the Minister 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, and | ||
(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. | ||
(3) In proceedings for an offence under this Act, 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. | ||
(4) In proceedings for an offence referred to in subsection (1), it is a defence for the accused to show that he or she has made a payment in accordance with this section pursuant to a fixed payment notice issued in respect of that offence. | ||
(5) The Minister may by order specify an amount not exceeding €1,000 in place of the amount specified in subsection (1)(b) and different amounts may be specified in respect of different offences. | ||
(6) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it. |