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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 2 August 2011 - onwards
Version 3 of 3

44. Notice by Commission of intention to prosecute, etc.

(1)

If the Commission believes on reasonable grounds that a person has committed a summary offence under this Act (other than an offence under section 53, 55, 56(2), 57 or 58 of the Communications Regulation (Postal Services) Act 2011) or under a related enactment, the Commission may give to the person (or, if the person believed to have committed the offence is a body corporate, to an officer of the body) a notice stating that -

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

(b) if, within 21 days from the date on which the notice was given, the person, as far as is practicable, remedies to the satisfaction of the Commission the matter giving rise to the offence and pays to the Commission €1,500, accompanied by the notice, the person or body will not be prosecuted for the offence.

(2) Where a notice is given under subsection (1) -

(a) a person to whom it applies may, during the period specified in the notice, make to the Commission the payment specified in the notice, accompanied by the notice,

(b) the Commission may receive the payment and issue a receipt for it, and any payment so received shall not be recoverable in any circumstances by the person who made it, and