Public Health (Sunbeds) Act 2014

Fixed payment notice for offences

20. (1) This section applies in respect of an offence under section 8 , 9 , 10 , 11 , 13 , 14 or 15 (in this section referred to as a “relevant offence”).

(2) An authorised officer who has reasonable grounds for believing that a person is committing, or has committed, a relevant offence may serve the notice referred to in subsection (3) on the person.

(3) A notice in writing (in this section referred to as a “fixed payment notice”), served under subsection (2), shall be in the prescribed form, stating—

(a) that the person on whom it is served is alleged to have committed the relevant offence concerned,

(b) when and where it is alleged to have been committed,

(c) that a prosecution for it will not be instituted if, during the period of 28 days beginning on the date of the fixed payment notice, the person pays the prescribed amount to the Executive (at the address stated in the notice) and submits the fixed payment notice or a copy thereof together with that payment, and

(d) that in default of such payment, the person shall be prosecuted for the alleged relevant offence.

(4) A payment referred to in subsection (3) shall be accompanied by the fixed payment notice served under subsection (2) or a copy thereof.

(5) If a fixed payment notice is served on a person—

(a) the person may make a payment in accordance with subsection (3)(c),

(b) the Executive shall receive and retain the payment (subject to subsection (8)) and issue a receipt for it,

(c) any payment received shall not be recoverable by the person who made it, and

(d) a prosecution in respect of the alleged relevant offence to which the notice relates shall not be instituted during the period specified in subsection (3)(c) and, if payment is made during that period, no prosecution in respect of the alleged relevant offence will be instituted.

(6) In proceedings against a person for a relevant offence it shall be presumed, until the contrary is shown, that the person did not make payment in accordance with subsections (3)(c) and (4).

(7) The Minister may prescribe the amount of a fixed payment and may prescribe different amounts for different offences.

(8) Payments received by the Executive under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform directs.