21. (1) Where a person commits an offence under section 20(1), the Commission may serve a notice (in this section referred to as a “fixed payment notice”) on the person.

(2) The fixed payment notice shall—

(a) be in the prescribed form,

(b) state that the person is alleged to have committed an offence under section 20(1),

(c) state that the person is not obliged to pay the fixed payment,

(d) state that, if the fixed payment is paid to the Commission by the date specified in it, a prosecution in respect of the offence under section 20(1) will not be initiated, and

(e) contain details of how the fixed payment is to be paid.

F18[(3) The fixed payment notice may be served on the person:

(a) where the Commission has been provided with the person’s email address, by sending it to the person by electronic means to that email address, provided that a record that the email has been sent to the person is made for the sender by the email system used;

(b) by delivering it to the person;

(c) by sending it by registered post or by any other form of recorded delivery service to—

(i) in the case of an individual, the address at which the individual ordinarily resides or any other address provided by the individual for the purposes of this section,

(ii) in the case of a company, its registered office, or

(iii) in the case of any other body corporate or unincorporated body, its principal office or place of business.]

(4) The fixed payment is €200.

(5) No prosecution in respect of the offence under section 20(1) shall be initiated against the person—

(a) until after the date specified in the fixed payment notice as that by which the fixed payment is to be paid, or

(b) at all, if the fixed payment is paid to the Commission before that date.

(6) The amount of any fixed payment received by the Commission under this section shall be paid into or disposed of for the benefit of the Exchequer as the Minister directs.