Health Act 1947
F54[Fixed payment notice in respect of certain alleged offences
31C.—(1) Where a member of the Garda Síochána has reasonable grounds for believing that a person has committed an offence consisting of a contravention of a fixed penalty provision, that member may give to the person a notice in writing (in this section referred to as a "fixed payment notice") in the prescribed form stating—
(a) that the person is alleged to have committed that offence,
(b) particulars of that alleged offence,
(c) that the person may, during the period of 28 days beginning on the date of the notice, make to such person as is specified in the notice at such place as is so specified a payment of such amount as may be prescribed being an amount of not more than F55[€2,000], accompanied by the notice,
(d) that the person is not obliged to make the payment specified in the notice, and
(e) that 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 28 days beginning on the date of the notice and, that 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 28 days beginning on the date of the notice, make to such person, and at such place, as is specified in the notice the payment specified in the notice, accompanied by the notice,
(b) the person specified in the notice 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 consisting of a contravention of a penal provision it shall be a defence for the defendant to prove that he or she 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 paid into or disposed of for the benefit of the Exchequer.
(5) A fixed payment notice may be given to a person in one of the following ways:
(a) by giving it in person to the person;
(b) by sending it by post to the address at which the person ordinarily resides.
(6) For the purpose of this section, a company within the meaning of the Companies Act 2014 shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.]
Annotations
Amendments:
F54
Inserted (26.10.2020 to 9.06.2021, 9.11.2021, 9.02.2022, 31.03.2022) by Health (Amendment) Act 2020 (19/2020), s. 4, commenced as per s. 6(2). The period and amending Act were continued in operation to 9 November 2021 (10.06.2021) by Health and Criminal Justice (Covid-19) (Amendment) Act 2021 (12/2021), s. 4, commenced as per s. 5(2). The period was again extended from 10 November 2021 to 9 February 2022 by Resolution of Dáil Éireann: Debates Volume 1013 No. 3, 3 November 2021 - Health (Amendment) Act 2020: Motion, and by Resolution of Seanad Éireann: Debates Volume 279 No. 11, 3 November 2021 - Health (Amendment) Act 2020: Motion. It was again extended from 10 February 2022 to 31 March 2022 (10.02.2022) by the amendment of s. 6(3) by Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021 (46/2021), s. 1, commenced as per s. 5(2).
F55
Substituted (26.03.2021) by Health (Amendment) Act 2021 (1/2021), s. 5, S.I. No. 142 of 2021.
Editorial Notes:
E846
Power pursuant to section exercised (28.02.2022) by Health Act 1947 (Regulations relating to Face Coverings under Section 31A) (Covid-19) (Revocation) Regulations 2022 (S.I. No. 88 of 2022), in effect as per reg. 2.
E847
Power pursuant to section exercised (22.01.2022 at 6 a.m.) by Health Act 1947 (Regulations Relating to Certain Restrictions Under Section 31A) (Covid-19) (Revocation) Regulations 2022 (S.I. No. 27 of 2022), in effect as per reg. 2.
E848
Power pursuant to section exercised (13.04.2021) by Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) Regulations 2021 (Amendment) Regulations 2021 (S.I. No. 172 of 2021), in effect as per reg. 1(2).
E849
Power pursuant to section exercised (12.04.2021) by Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) Regulations 2021 (S.I. No. 170 of 2021), in effect as per reg. 1(2).
E850
Power pursuant to section exercised (13.02.2021) by Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) (Amendment) (No. 2) Regulations 2021 (S.I. No. 62 of 2021), in effect as per reg. 1(2).
E851
Power pursuant to section exercised (1.02.2021) by Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) (Amendment) Regulations 2021 (S.I. No. 30 of 2021), in effect as per reg. 1(2).
E852
Power pursuant to section exercised (1.12.2020) by Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) (Amendment) Regulations 2020 (S.I. No. 562 of 2020), in effect as per reg. 1(2).
E853
The section heading is taken from the amending section in the absence of one included in the amendment.
E854
Previous affecting provision: power pursuant to section exercised (10.05.2021) by Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) (No. 2) Regulations 2021 (S.I. No. 219 of 2021), in effect as per reg. 1(2); revoked (28.02.2022) by Health Act 1947 (Regulations relating to Face Coverings under Section 31A) (Covid-19) (Revocation) Regulations 2022 (S.I. No. 88 of 2022), reg. 3(e), in effect as per reg. 2.
E855
Previous affecting provision: power pursuant to section exercised (12.04.2021) by Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) (Amendment) (No. 3) Regulations 2021 (S.I. No. 158 of 2021), in effect as per reg. 1(2); revoked (12.04.2021) by Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) Regulations 2021 (S.I. No. 170 of 2021), reg. 2(b), in effect as per reg. 1(2).
E856
Previous affecting provision: power pursuant to section exercised (22.11.2020) by Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) Regulations 2020 (S.I. No. 536 of 2020), in effect as per reg. 1(2); revoked (12.04.2021) by Health Act 1947 (Fixed Payment Notice and Dwelling Event Provisions) (Covid-19) Regulations 2021 (S.I. No. 170 of 2021), reg. 2(a), in effect as per reg. 1(2).