Dermot Ahern (Louth, Fianna Fail)

This is a standard provision found in legislation where provision is made for a notification or other document to be served on or given to a person. A recent example of such a provision is in section 9 of the Charities Act 2009. This provision is being applied to the notification required under section 15(2) of the Bill as passed by Dáil Éireann.

Section 15(2) provides that a recovery order shall not enter into force unless the person in respect of whom the order is made fails to pay a fine by the due date of payment. It further provides that where the person so fails the order shall have effect from the day immediately following the day on which the Courts Service notifies the receiver concerned in writing that person failed to pay the fine by that date. This is a critical notification as it will activate the recovery order and trigger action by the receiver when he or she is notified that a person on whom a fine has been imposed is in default. For that reason, it is important that arrangements for the service of this particular notification are clearly defined in the primary legislation. New rules of court may be made by the rules committee for the various courts to make provision in regard to the service of other documents pursuant to the new jurisdiction conferred on the courts by Part 3.

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