Consumer Protection Act 2007
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Chapter 5 Fixed Payment Notices | ||
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Fixed payment notices for price display and product pricing offences. |
85.— (1) This section applies in respect of any offence under the following enactments (in this section referred to as a “relevant offence”): | |
(a) section 58 (respecting price display regulations); | ||
(b) section 22 (a) or (b) of the Prices Act 1958 (respecting price display orders); | ||
(c) Regulation 4(3), 5(5), 6(3) or 7(2) of the European Communities (Requirements to Indicate Product Prices) Regulations 2002 ( S.I. No. 639 of 2002 ). | ||
(2) An authorised officer who has reasonable grounds for believing that a person is committing, or has committed, a relevant offence may serve, personally or by post, the notice referred to in subsection (3) on the person. | ||
(3) The notice (“fixed payment notice”) shall be in the prescribed form and state— | ||
(a) that the person on whom it is served is alleged to have committed the relevant offence concerned, | ||
(b) when and where it is alleged to have been committed, | ||
(c) that a prosecution for it will not be instituted if, during the period of 28 days beginning on the date of the notice, the person pays the amount of €300 to the Agency (at the address stated in the notice) and submits the original or a copy of the fixed payment notice together with that payment, and | ||
(d) that in default of such payment, the person will be prosecuted for the alleged relevant offence. | ||
(4) A payment referred to in subsection(3) shall be accompanied by the original or a copy of the fixed payment notice concerned. | ||
(5) If a fixed payment notice is served on a person— | ||
(a) the person may make a payment in accordance with subsection (3)(c), | ||
(b) the Agency shall receive and retain the payment (subject to subsection (7)) and issue a receipt for it, | ||
(c) any payment received shall not be recoverable by the person who made it, and | ||
(d) a prosecution in respect of the alleged relevant offence to which the notice relates shall not be instituted during the period specified in subsection (3)(c) or, if a payment is made in accordance with subsections (3)(c) and (4, at all. | ||
(6) In proceedings against a person for a relevant offence it shall be presumed, until the contrary is shown, that the person did not make payment in accordance with subsections (3)(c) and (4). | ||
(7) Payments received by the Agency under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs. |