AI Summary of 85. Fixed payment notices for price display and product pricing offences.
This section applies to offences under: section 47 or 58; section 22(a) or (b) of the Prices Act 1958; Parts 4 to 6 of the Act of 2022; Regulation 4(3), 5(5), 5A(2), 6(3) or 7(2) of S.I. No. 639 of 2002; Regulation 7, 8, 13 or 14 of S.I. No. 68 of 2003; and section 66B(2). An authorised officer with reasonable grounds may serve a prescribed fixed payment notice personally or by post. The notice must state the alleged offence, when and where it occurred, that no prosecution will be instituted if the prescribed amount is paid to the Agency within 28 days with the original or a copy of the notice, and that default will lead to prosecution.
A payment must be accompanied by the notice. The Agency shall receive, retain and receipt the payment; payments are not recoverable by the payer. If payment is made as required, prosecution will not be instituted during the 28-day period or, if paid, at all. In proceedings it is presumed, until rebutted, that payment was not made. Fixed payments not exceeding €1,500 may be prescribed, varying by offence, and sums received must be paid into or disposed of for the benefit of the Exchequer as directed by the Minister for Public Expenditure and Reform.
85. Fixed payment notices for price display and product pricing offences.
(1) This section applies in respect of any offence under the following enactments (in this section referred to as a "relevant offence"):
(a) section 47 (respecting misleading commercial practices) or 58 (respecting price display regulations);
(b) section 22(a) or (b) of the Prices Act 1958 (respecting price display orders);
(ba) Parts 4 to 6 of the Act of 2022;
(c) Regulation 4(3), 5(5), 5A(2), 6(3) or 7(2) of the European Communities (Requirements to Indicate Product Prices) Regulations 2002 (S.I. No. 639 of 2002);
(ca) Regulation 7, 8, 13 or 14 of the European Communities (Directive 2000/31/EC) Regulations 2003 (S.I. No. 68 of 2003);
(d) [deleted]
(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.