OpenLegislation

Article 21 PenaltiesF1

Northern Ireland

(1)

F2Subject to Article 5A(7), any person who contravenes—

(a)

any provision contained in building regulations; or

(b)

a contravention notice,

shall be guilty of an offence under this Order.

(F31A)

Any person who—

(a)

gives a notice or certificate or makes an application that—

(i)

purports to comply with the requirements of this Order or of any provision contained in building regulations; and

(ii)

contains a statement that that person knows to be false or misleading in a material particular; or

(b)

recklessly gives a notice or certificate or makes an application that—

(i)

purports to comply with those requirements; and

(ii)

contains a statement that is false or misleading in a material particular,

is guilty of an offence under this Order.

(2)

Any person guilty of an offence—

(a)

under Article 11(6) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale;

(b)

under any other provision of this Order shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding one-tenth of level 5 on the standard scale for each day during which the offence continues after he is convicted.

(3)

The court by which a person is originally convicted of an offence referred to in paragraph (2)(b) may fix a reasonable period from the date of conviction for the defendant to comply with any directions given by the court and where the court has fixed such a period, the daily fine referred to in paragraph (2)(b) shall not be recoverable in respect of any day before the period expires.

Annotations

Textual amendments

F1

1990 NI 14

F2

Words in art. 21(1) substituted (15.5.2012) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 5(2), 15(4); S.R. 2012/186, art. 2(b)

F3

Art. 21(1A) inserted (31.8.2009) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 10, 15(4); S.R. 2009/272, art. 2(e)

Notes on the whole Order

Textual amendments

F1

functions transf. by SR 1999/481