36. (1) Where an inspector has reasonable grounds for believing that a person has committed a relevant offence, the inspector may give to the person a notice in writing (in this section referred to as a “fixed payment notice”) in the prescribed form stating that—

(a) the person is alleged to have committed that offence,

(b) the person may during the period of 42 days beginning on the date of the notice make to the Commission at the address specified in the notice a payment of such amount as may be prescribed, being an amount of not more than €2,000, 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 alleged offence will not be instituted during the period of 42 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 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 42 days beginning on the date of the notice, make to the Commission at the address specified in the notice the payment specified in the notice accompanied by the notice,

(b) the Commission 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 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) Moneys received pursuant to the giving of a fixed payment notice shall be paid into, or disposed of for the benefit of, the Exchequer in such a manner as the Minister determines.

(5) In this section “relevant offence” means an offence under—

(a) section 11 of the Protection of Employment Act 1977,

F12[F13[(b) sections 4(4), 4B(8), 4D(2), 4E(3) and 4F(3) of the Payment of Wages Act 1991,]

(c) section 23 of the National Minimum Wage Act 2000, or

(d) section 6B of the Terms of Employment (Information) Act 1994.]