Chemicals Act 2008

31.

Fixed payment notice.

31.— (1) Where an inspector has reasonable grounds for believing that a person has committed an offence under the relevant chemicals statutory provisions and is liable to summary prosecution in respect thereof, the inspector may give to the person a notice in writing (in this Act referred to as a “fixed payment notice”) in the prescribed form stating that—

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

(b) the person may during the period of 21 days beginning on the date of the notice make to the national authority concerned at the address specified in the notice a payment of such amount as may be prescribed, being an amount of not more than €2,000, accompanied by the notice,

(c) the person is not obliged to make the payment specified in the notice, and

(d) a prosecution of the person to whom the notice is given in respect of the alleged offence will not be instituted during the period of 21 days beginning on the date of 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 a fixed payment notice is given under subsection (1)—

(a) the person to whom it applies may, during the period of 21 days beginning on the date of the notice, make to the national authority concerned at the address specified in the notice the payment specified in the notice accompanied by the notice,

(b) the national authority may, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it, and

(c) 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.

(3) In summary proceedings for an offence under the relevant chemicals statutory provisions it shall be a defence for the defendant to prove that he or she has made a payment, in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.

(4) Regulations prescribing an amount under subsection (1)(b) may prescribe different amounts in relation to different offences.

(5) Moneys received pursuant to the giving of a fixed payment notice shall be disposed of in a manner determined—

(a) by the Authority, with the prior consent of the Minister and the Minister for Finance,

(b) by a national authority (other than the Authority or a Minister of the Government), with the prior consent of the relevant Minister and the Minister for Finance, or

(c) by a national authority who is a Minister of the Government, with the prior consent of the Minister for Finance.

Annotations

Modifications (not altering text):

C6

Functions under subs. (5) transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

...

No. 13 of 2008

...

...

Chemicals Act 2008

...

...

Sections 5(5), 10, 18(3)and 31(5)

...