Local Government Act 2001

Fixed payment notices.

206

206.—(1) A bye-law may provide for a person to be served with a notice, specifying a fixed payment, not exceeding such amount as may be prescribed by regulations made by the Minister, in respect of a contravention of a bye-law as an alternative to a prosecution for the contravention and where the bye-law so provides it shall specify—

( a) the amount of the fixed payment, and

( b) the period within which it must be paid in order to avoid prosecution.

(2) A notice referred to in subsection (1) shall specify—

( a) the name and address of the alleged offender,

( b) in general terms the nature of the contravention alleged to have been committed,

( c) the date and place of the alleged contravention,

( d) the amount of the payment,

( e) the period within which and the place where the fixed payment may be made, and

( f) that the alleged offender is entitled to disregard the notice and defend a prosecution of the alleged contravention in court.

(3) A fixed payment shall not exceed the maximum fine duly provided for in respect of the alleged contravention concerned.

(4) Where a fixed payment has been duly paid in respect of an alleged contravention by a person, no proceedings shall be instituted against the person in respect of the alleged contravention.

Annotations:

Editorial Notes:

E290

Power pursuant to section exercised (10.07.2006) by Local Government Act, 2001 (Bye-Laws) Regulations 2006 (S.I. No. 362 of 2006).