Article 76 Prosecution of offences

Northern Ireland

(1)

Summary proceedings for an offence under this Order shall not be instituted except by—

(a)

in the case of proceedings under Article 74,—

(i)

the credit union; or

(ii)

any member of that credit union authorised by the credit union or its board of directors or by the F1FCA ; or

(iii)

the FCA ;

(b)

in any other case, the FCA or any person aggrieved.

(2)

Notwithstanding Article 19(1)(a) of 1981 N.I. 26 the Magistrates' Courts (Northern Ireland) Order 1981 (limitation of time for taking proceedings) summary proceedings for an offence under this OrderF2. . . may be instituted by the FCA at any time within one year after the first discovery of the offence by the FCA , but shall not in any case be instituted after the expiration of 3 years from the commission of the offence.

Annotations

Textual amendments

F1: Word in art. 76 substituted (6.4.2018 immediately after 2016 c. 16 (N.I.), s. 8(2) comes into force) by The Financial Services Act 2012 (Mutual Societies) Order 2018 (S.I. 2018/323), art. 1, Sch. 3 para. 2(v) (with art. 3)
F2: Words in art. 76(2) omitted (31.3.2012) by virtue of Financial Services and Markets Act 2000 (Permissions, Transitional Provisions and Consequential Amendments) (Northern Ireland Credit Unions) Order 2011 (S.I. 2011/2832), arts. 1(2), 13(38)