Environment (Miscellaneous Provisions) Act 2011

10.

Fixed payment notice.

10.— The Act of 1987 is amended by inserting the following. section after section 12:

“12A.— (1) Where an authorised person has reasonable grounds for believing that a person has committed a relevant offence and is liable to summary prosecution in respect thereof, the authorised person may give to the person a notice (in this Act referred to as a ‘fixed payment notice’) in writing and 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 local authority concerned at the address specified in the notice a payment of the amount specified in subsection (4) in respect of that offence, 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 relevant offence concerned 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 that offence will be instituted.

(2) Where a fixed payment notice is given—

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

( b) the local authority concerned shall receive the payment and shall, 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 the local authority shall retain the money for disposal in accordance with subsection (5), 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 a relevant offence 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) The amount to be specified in a fixed payment notice in respect of a relevant offence is—

( a) €1,000, where the relevant offence consists of a contravention of article 3(1) or regulation 3A of the Fuel Regulations,

( b) €500, where the relevant offence consists of a contravention of article 3(2), regulation 4A(1), 4B(1), 4C(1), 4C(2), article 4 or 6 of the Fuel Regulations, or

( c) €250, where the relevant offence consists of a contravention of regulation 4A(2) or article 7 of the Fuel Regulations.

(5) Moneys received by a local authority pursuant to the giving of a fixed payment notice shall be lodged to the credit of the local fund maintained by the local authority concerned pursuant to, and in accordance with, section 97 (amended by the Local Government (Business Improvement Districts) Act 2006) of the Local Government Act 2001 and expended in accordance with that section.

(6) In this section—

‘Fuel Regulations’ means the Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 ( S.I. No. 118 of 1998) (amended by the Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels)(Amendment) Regulations 2011 ( S.I. No. 270 of 2011));

‘relevant offence’ means an offence under section 11 consisting of a contravention of article 3(1), 3(2), regulation 3A, article 4, regulation 4A(1), 4A(2), 4B(1), 4C(1), 4C(2), article 6 or 7 of the Fuel Regulations.”.