144A.—(1) F412[If it appears to the Board that a landlord under a tenancy has failed to comply with section 139(1), the Board may] serve the notice referred to in subsection (2).

(2) The notice shall—

(a) inform the landlord of the Board’s opinion, and

(b) request the landlord to, within the period specified in the notice—

(i) comply with section 139(1), or

(ii) furnish to the Board the reasons why the landlord considers (if such be the case) that the opinion is not well founded.

(3) If the landlord, within the period specified in the notice—

(a) does not comply with section 139(1), or

(b) does not furnish the reasons to the Board or furnishes reasons which do not result in the Board altering its opinion,

the Board shall serve a further notice on the landlord stating that the landlord is required to comply with section 139(1) and that the Board’s opinion has not altered and that, if he or she fails to do so within 14 days from the receipt by him or her of the notice, the landlord shall be guilty of an offence.

(4) A person who fails to comply with a notice under subsection (3) within 14 days from the receipt by him or her of the notice shall be guilty of an offence.]

F413[(5) Where the Board has reasonable grounds for believing that a person has committed an offence under subsection (4), it may serve on the person a notice in the prescribed form (in this section referred to as a "fixed payment notice") stating that—

(a) the person is alleged to have committed an offence under subsection (4) (in this section referred to as the "alleged offence"),

(b) the person may, during the period of 28 days beginning on the date of the fixed payment notice, make to the Board a payment of €100 or such greater amount not exceeding €500 as may be prescribed, identifying the notice to which the payment relates,

(c) the person is not obliged to make the payment specified in the notice,

(d) a prosecution of the person in respect of the alleged offence will not be instituted during the period of 28 days beginning on the date of the notice, and

(e) if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(6) Where a fixed payment notice is served—

(a) the person to whom it applies may make a payment in accordance with subsection (5)(b),

(b) the Board shall, upon receipt of the payment, issue a receipt for it,

(c) any payment received by the Board shall not be recoverable by the person who made it, and

(d) a prosecution in respect of the alleged offence shall not be instituted during the period specified in subsection (5)(b) and, if payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(7) In proceedings for an alleged offence, it shall be a defence for the defendant to prove that the defendant has made a payment in accordance with subsection (5)(b) pursuant to a fixed payment notice served in respect of the alleged offence.

(8) Payments received by the Board under this section shall be paid into or disposed of for the benefit of the Exchequer.]