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Section 82 Penalties for fraud.

Northern Ireland

(1)

Any person who—

(a)

in the course of any proceedings before the Registrar or the courtF1 or the Lands Tribunal in pursuance of this Act, with intent to conceal the title or claim of any person, or to substantiate a false claim, suppresses, attempts to suppress or is privy to the suppression of any document or fact; or

(b)

fraudulently procures, attempts to procure fraudulently or is privy to the fraudulent procurement of any entry, erasure or alteration in the register or the Statutory Charges Register or any index to that Register;

shall be guilty of an offence and shall be liable, on conviction on indictment, to imprisonment for a term not exceeding three years, or toF2 an unlimited fine, or to both.

(2)

A proceeding or conviction for any offence under subsection (1) shall not affect any remedy to which any person aggrieved by the offence may be entitled.

(3)

Nothing in this Act shall entitle any person to refuse to make a complete discovery in any legal proceeding, or to answer any question or interrogatory in any civil proceeding, but such a discovery or answer shall not be admissible in evidence against that person, or the F3spouse or civil partner of that person, in any criminal proceeding under this Act.

Annotations

Textual amendments

F1

1992 NI 7

F2

1984 NI 3

F3

Words in s. 82(3) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 128 (with regs. 6-9)

Notes on the whole Act

Textual amendments

F1

Words in preamble of Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)