Article 5 Enforcement of Articles 3 and 4

(1)

Where an authorised person believes that an offence under Article 3 F1... has been committed, he may demand the name and address of any person whom he believes to be guilty of the offence.

(2)

An authorised person (other than a constable in uniform) demanding the name and address of any other person under paragraph (1) shall, if so required, produce his credentials.

F2(3)

A person commits an offence if—

(a)

he fails to give his name and address in response to a demand under paragraph (1), or

(b)

he gives a false or inaccurate name or address in response to a demand under that paragraph.

(3A)

A person guilty of an offence under paragraph (3) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)

Without prejudice to the right of any other person to institute proceedings for an offence under Article 3 F3..., a district council may institute proceedings for such an offence committed in its district.

(5)

In this Article—

F4 “ authorised officer ” has the same meaning as in Article 6;
“authorised person”, in relation to an offence believed to have been committed in any place, means—
1. (a)
  an authorised officer of the district council within whose district the place is situated;
2. (b)
  an authorised officer of the district council by whom the place is controlled or managed;
3. (c)
  the owner or occupier of the place (being private land) or any servant or agent of his duly authorised by him in writing; or
4. (d)
  a constable;
“believes” means believes on reasonable grounds.

Annotations

Textual amendments

F1: Words in art. 5(1) repealed (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23) , s. 78 , Sch. 4 Pt. 3 ; S.R. 2012/13 , Sch. 2 (with art. 3 )
F2: S. 5(3)(3A) substituted (1.4.2012) for s. 5(3) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23) , ss. 15(2) , 78 ; S.R. 2012/13 , Sch. 2 (with art. 3 )
F3: Words in art. 5(4) repealed (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23) , s. 78 , Sch. 4 Pt. 3 ; S.R. 2012/13 , Sch. 2 (with art. 3 )
F4: Words in art. 5(5) inserted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23) , ss. 15(3) , 78 ; S.R. 2012/13 , Sch. 2 (with art. 3 )