OpenLegislation

Regulation 43 Enforcement of regulations 19 to 22I1

Northern Ireland

(1)

Proceedings in respect of a contravention of regulation 19, 20, 21 or 22 shall be brought only by the Commission in accordance with the following provisions of this regulation.

(2)

The proceedings shall be —

(a)

an application for a decision whether the alleged contravention occurred; or

(b)

an application under paragraph (4),

or both.

(3)

An application under paragraph (2)(a) shall be made in a case based on any provision contained within regulations 5 to17, to a county court.

(4)

If it appears to the Commission —

(a)

that a person has done an act which by virtue of regulation 19, 20, 21 or 22 was unlawful; and

(b)

that unless restrained he is likely to do further acts which by virtue of that regulation are unlawful,

the Commission may apply to a county court for an injunction restraining him from doing such acts; and the court, if satisfied that the application is well founded, may grant the injunction in the terms applied for or more limited terms.

(5)

In proceedings under paragraph (4) the Commission shall not allege that the person to whom the proceedings relate has done an act which is unlawful under these Regulations and within the jurisdiction of a county court unless a finding by a county court that he did that act has become final.

Annotations

Commencement

I1

Reg. 43 in operation at 1.1.2007, see reg. 1(2)