Merchant Shipping Act 2010

73.

Fixed payment notice ( Part 4).

73.— (1) Where an authorised person has reasonable grounds for believing that a person is committing or has committed an offence under section 68(15) in relation to a contravention of a reduced mobility regulation, he or she may serve that person with a notice in the prescribed form or in a form to the like effect stating:

( a) that the person is alleged to have committed the offence in respect of the contravention;

( b) that the person may, during the period of 21 days beginning on the date of the notice, make to the Minister at the address specified in the notice a payment of €500 or such other amount prescribed under subsection (4) , accompanied by the notice;

( c) that 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 Minister at the address specified in the notice the payment specified in the notice, accompanied by the notice;

( b) the Minister may receive the payment, issue a receipt for it and retain the money so paid for disposal in such manner as may be prescribed and no payment so received shall in any circumstances be recoverable 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 so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In a prosecution for an offence referred to in subsection (1) , the onus of showing that a payment pursuant to a notice under this section has been made shall lie on the defendant.

(4) The Minister may prescribe another amount, or different amounts in respect of different contraventions or different classes of passenger vessels, in lieu of the amount specified in subsection (1) (b) .