Merchant Shipping (Registration of Ships) Act 2014
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Fixed payment notice | ||
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42. (1) Where an authorised person has reasonable grounds for believing that a person is committing or has committed an offence under section 11 (11) in respect of the registration requirement under section 11 (1)(b) or (c) he or she may serve the person with a notice, in the form prescribed by the Minister, stating that— | ||
(a) the person is alleged to have committed the offence, and | ||
(b) the person may during the period of 21 days beginning on the date of the notice make to the authority concerned at the address specified in the notice a payment of €150 or such other amount that, for the time being, stands prescribed, in lieu of that amount, and accompanied by the notice, | ||
(c) the person is not obliged to make the payment, and | ||
(d) a prosecution in respect of the alleged offence shall not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted. | ||
(2) Where notice is given under subsection (1) — | ||
(a) a person to whom the notice applies may, during the period specified in the notice, make to the authority concerned at the address specified in the notice the payment specified in the notice accompanied by the notice, | ||
(b) the authority specified in the notice may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable in any circumstances by the person who made it, | ||
(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified is made during that period, no prosecution in respect of the alleged offence shall be instituted. | ||
(3) In a prosecution for an offence under a provision to which this section applies the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant. | ||
(4) In this section— | ||
“authorised person” includes an authorised person appointed by a local authority under section 17 of the Act of 2005; | ||
“authority” means the Minister, the local authority concerned or Inland Fisheries Ireland, as the case may be. |