Safety, Health and Welfare at Work Act 2005

Provisions regarding certain offences.

79

79.—(1) If an inspector has reasonable grounds for believing that a person is committing or has committed a prescribed offence under the relevant statutory provisions, he or she may serve the person with a notice in the prescribed form stating that—

( a) the person is alleged to have committed the offence, and

( b) 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) A person on whom a notice is served under subsection (1) may, during the period of 21 days beginning on the day of the notice, make to the Authority or to a person prescribed under section 33 , as appropriate, at the address specified in the notice a payment not exceeding €1,000 as may be prescribed.

(3) Where a notice is served under subsection (1)

( a) the Authority or a person prescribed under section 33 , as specified in the notice, 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 circumstance by the person who made it, and

( b) 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.

(4) In a prosecution for an offence under this Act the onus of proving that a payment pursuant to a notice under this section has been made shall lie on the accused.