Maritime Safety Act 2005

Fixed payment notice.

16

16.—(1) Where an authorised person or a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under section 6, 8, 10, 11 or 12 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) the person may during the period of 21 days beginning on the date of the notice make to the authority concerned at the address specified in the notice a payment of—

(i) €150, for a contravention of section 6(2), 8(2), 11(3) , or 12, or

(ii) €50, for a contravention of section 6(3) or (4) or 10(2),

or such other amount that, for the time being, stands prescribed, in lieu of any of those amounts, and accompanied by the notice, and

( c) 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 notice is given under subsection (1)

( a) a person to whom the notice applies may, during the period specified in the notice, make to the authority concerned at the address specified in the notice the payment specified in the notice accompanied by the notice,

( b) the authority specified in the notice may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable in any circumstances by the person who made it,

( c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In a prosecution for an offence under this Part the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant.

(4) Every regulation made under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(5) Any payment received by the Minister under this section in respect of a fishery harbour centre shall be paid into the Fishery Harbour Centres Fund.

Annotations:

Editorial Notes:

E21

Power pursuant to subs. (1) exercised (27.07.2005) by Maritime Safety Act 2005 (Fixed Payment Notices) Regulations 2005 (S.I. No. 390 of 2005).