Dog Breeding Establishments Act 2010

7.

Fixed payment notice.

7.— (1) Where an authorised person has reasonable grounds for believing that a person has committed an offence under subsection (17) of section 9 , the authorised person may give to the person a notice in writing (in this section 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 relevant local authority 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 relevant local authority at the address specified in the notice the payment specified in the notice accompanied by the notice,

( b) the relevant local 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 proceedings for an offence under subsection (17) of section 9 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) Moneys received pursuant to the giving of a fixed payment notice shall be disposed of in a manner determined by the relevant local authority.

(5) In this section “relevant local authority” means, in relation to the alleged commission of an offence, the local authority in whose functional area the offence is alleged to have been committed.

Annotations:

Editorial Notes:

E3

Form prescribed for purposes of subs. (1) and amount prescribed for purposes of subs. (1)(b) (2.01.2012) by the Dog Breeding Establishments (Prescribed Fees and Forms) Regulations 2011 (S.I. No. 701 of 2011), in effect as per reg. 2.