35. (1) Where a person makes a payment under—

F38[(a) section 37 of the Act of 2010 as specified in a notice under section 35 of that Act in respect of a fixed charge offence referred to in paragraph (c) (inserted by section 77(1)(b)) of section 34 of the Act of 2010,

(aa) section 103 of the Act of 1961 as specified in a notice under that section in respect of a fixed charge offence referred to in section 77(2) of this Act, or]

(b) a fixed payment notice under section 48 in respect of a fixed payment offence,

where the offence is a demerit offence (other than an offence specified in column (2) of the Table to this section at reference number 7 or 8) the number of demerits specified in column (3) of the Table to this section opposite the mention of the offence in column (2) of the Table to this section of the provision under which the offence occurs shall, subject to and in accordance with the provisions of this Part, be endorsed on the entry in the SPSV licence record relating to that person in respect of the alleged demerit offence.

(2) Where a person is convicted of a demerit offence, the number of demerits specified in column (4) of the Table to this section opposite the mention of the offence in column (2) of the Table of the provision under which the offence occurs shall, subject to and in accordance with this Part, be endorsed on the entry in the SPSV licence record relating to the person in respect of the offence.

(3) Where a person—

(a) whether on the same occasion or not—

(i) makes 2 or more payments referred to in subsection (1) in respect of alleged demerit offences committed on the same occasion, or

(ii) is convicted of 2 or more demerit offences committed on the same occasion,

demerits in respect of only one of the alleged offences or offences, determined, where appropriate, in accordance with subsection (4), shall be endorsed on the entry in the SPSV licence record relating to the person, or

(b) whether on the same occasion or not, makes one or more payments referred to in subsection (1) and is convicted of one or more demerit offences and the alleged offences concerned and the demerit offences were committed on the same occasion, demerits in respect only of any one of the alleged offences and offences, determined in accordance with subsection (4), shall be endorsed on the entry in the SPSV licence record relating to the person.

(4) In a case referred to in subsection (3)—

(a) if the number of demerits falling (but for that subsection) to be endorsed on the entry concerned in respect of one of the alleged offences, or offences, concerned differs from that or those in respect of the other or others, the number which is the bigger or biggest shall, subject to paragraph (b), be endorsed on the entry in the SPSV licence record, and

(b) if 2 or more of the numbers aforesaid are bigger than the other or others, or are the biggest of the numbers, and are equal, one only of them shall be so endorsed.

(5) Where a person makes a payment under subsection (1) to a member of the Garda Síochána, the Garda Commissioner shall, as soon as may be after the payment, cause the Authority to be notified of the payment.

(6) Upon the making of a payment referred to in subsection (1) to the Authority or being notified under subsection (5), the Authority shall, subject to subsections (3), (7) and (8), cause the appropriate number of demerits to be endorsed on the entry in respect of the SPSV licence concerned.

(7) (a) When a person is convicted of an offence under a provision referred to in section 34, the registrar or clerk of the court concerned or such other member of the staff of the Courts Service as that service may designate shall notify the Authority of the conviction—

(i) in case an appeal against the conviction is brought and—

(I) it is determined against the person, as soon as may be after such determination, or

(II) it is withdrawn by the person, as soon as may be after its withdrawal,

or

(ii) in case an appeal is not brought against the conviction, as soon as may be after the expiration of the ordinary time for bringing such an appeal.

(b) Where the conviction of a person of the offence is reversed on appeal, it shall not be necessary to notify the Authority of the conviction.

(8) Upon the receipt by the Authority of a notification under subsection (7)(a), the Authority shall where the offence is a demerit offence, subject to subsections (3) and (9), cause the appropriate number of demerits to be endorsed on the entry concerned.

(9) If an entry in the SPSV licence record in relation to a person does not exist at a time when, if there were such an entry, a demerit would fall to be endorsed on it pursuant to subsection (6) or (8), and, subsequently, such an entry is made, thereupon, the demerit shall be so endorsed.

TABLE

Demerits in respect of contravention of certain provisions