Cap. 646 Art. 27Special compromise procedure.

(1) Notwithstanding any other law providing for the trial and punishment of offences, where the Authority believes that a person has committed an offence against this Act, other than in circumstances involving a fatality or when the breach is administrative in nature, the Authority may give notice in writing to such person providing the following information:

(a) a description of the offence that the Authority believes that such person has committed;

(b) a list of the steps to be taken by such person to remedy the offence;

(c) whether the offence is remediable; and

(d) a declaration that such person is required to pay a compromise fine in respect of such offence:

Provided that the Authority may not require the payment of a compromise fine exceeding fifty thousand euro (€50,000).

(2) Where a notice in accordance with this article has been given, the person named in the notice may, within sixty (60) days of the service of the notice, accept responsibility in writing for the offence specified in the notice and within the same period of sixty (60) days, remedy the offence if the offence is remediable, and pay or undertake in writing to pay the fine indicated in the notice or such other compromise fine as the Authority may accept instead, and in any such case:

(a) the person named in the notice shall be deemed to have committed the offence and to have admitted his guilt in respect thereof, and the compromise fine paid, or agreed to be paid, shall be the penalty to which he becomes liable to pay;

(b) in the case of a remediable offence, if the offence is remedied to the satisfaction of the Authority and the compromise fine is paid within the period of sixty (60) days, no further proceedings may be taken against the said person in respect of the same facts:

Provided that the agreement to pay the compromise fine shall not extinguish any civil liability to make good any damages to any person or authority:

Provided that such person fails to pay the compromise fine within the sixty (60) day period, such fine shall constitute a penalty ordered by a court, and proceedings may be taken to recover the same as a civil debt due to the Authority.

(3) Where the person to whom notice is given under sub-article

(1) does not accept or, in the case of a remediable offence, having accepted such responsibility, fails to remedy the offence within the specified period, even if he has paid the compromise fine, criminal proceedings may be taken against him in accordance with the provisions of law applicable to the offence.