Local Government Act 2001

Fixed payment notices.


206.—(1) A bye-law may provide for a person to be served with a notice, specifying a fixed payment, not exceeding such amount as may be prescribed by regulations made by the Minister, in respect of a contravention of a bye-law as an alternative to a prosecution for the contravention and where the bye-law so provides it shall specify—

(a) the amount of the fixed payment, and

(b) the period within which it must be paid in order to avoid prosecution.

(2) A notice referred to in subsection (1) shall specify—

(a) the name and address of the alleged offender,

(b) in general terms the nature of the contravention alleged to have been committed,

(c) the date and place of the alleged contravention,

(d) the amount of the payment,

(e) the period within which and the place where the fixed payment may be made, and

(f) that the alleged offender is entitled to disregard the notice and defend a prosecution of the alleged contravention in court.

(3) A fixed payment shall not exceed the maximum fine duly provided for in respect of the alleged contravention concerned.

(4) Where a fixed payment has been duly paid in respect of an alleged contravention by a person, no proceedings shall be instituted against the person in respect of the alleged contravention.


Editorial Notes:


Power pursuant to section exercised (10.07.2006) by Local Government Act, 2001 (Bye-Laws) Regulations 2006 (S.I. No. 362 of 2006).