Package Holidays and Travel Trade Act 1995
7. — (1) Summary proceedings in respect of an offence under any section of this Act may be brought and prosecuted by the Director.
F14[(2) Summary proceedings may be brought and prosecuted by the Commission for Aviation Regulation in respect of an offence under —
(a) sections 21 and 26, and
(b) sections 22 and 22A, only in so far as the offence relates to the provision of security for packages or linked travel arrangements for the carriage of passengers referred to in paragraph (a) in the definition of ‘travel services’ outside the State and Northern Ireland, irrespective of whether or not the carriage commences in the State or in another Member State.]
(3) Nothwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be commenced at any time within F15[2 years] from the date on which the offence was committed.
(4) (a) Where a judge of the District Court proposes to make an order for the release on bail of a defendant charged with an offence under this Act or the Act of 1982 who is ordinarily resident outside the State, the judge may (unless satisfied that all documents required by law to be served on the defendant in connection with or for the purpose of the charge or of any proceedings arising out of or connected with the charge can be duly served on the defendant in the State) direct that those documents may, in lieu of being served on the defendant, be served on a person specified in the direction who is ordinarily resident in the State.
(b) Service of a document referred to in this subsection on a person specified in the direction shall be deemed for all purposes to be served on the defendant.
(5) In the case of a person ordinarily resident, or a body corporate established, outside the State service of documents relating to the charge may be effected by being served either on the person to be charged or on a person being a nominated agent under section 10 (1) (i) F16[…].
(7) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Minister or the Director, as the case may be, the costs and expenses, measured by the court, incurred by the Minister or the Director, as the case may be, in relation to the investigation, detection and prosecution of the offence.
(8) The provisions of section 382 of the Companies Act, 1963, shall extend to every body corporate (whether or not a company within the meaning of that Act) charged on indictment with an offence under section 21, 22 (3) or 26 .
Substituted (11.03.2019) by European Union (Package Travel And Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019), reg. 5(2)(a).
Substituted (30.06.2005) by Investment Funds, Companies and Miscellaneous Provisions Act 2005 (12/2005), s. 83(b), S.I. No. 323 of 2005, art. 3(b).
Deleted (11.03.2019) by European Union (Package Travel And Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019), reg. 5(2)(b).