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Section 92 Penalties for contravention of bye-laws.C1

(1)

F1Except as provided by any other statutory provision, a person who contravenes a bye-law shall be guilty of an offence and, subject to subsection (2), shall be liable on summary conviction to a fine not exceedingF2 level 2 on the standard scale and, in the case of a continuing offence, a further fine not exceeding £2 for each day on which the offence continues after conviction.

(2)

Bye-laws may, for offences under subsection (1) in relation to the bye-laws, fix lower maximum fines than the sums mentioned in that subsection, or, if power to fix higher maximum fines than those sums is conferred by the transferred provision conferring the power to make the bye-laws, may fix maximum fines exceeding those sums but not exceeding the higher maxima.

(3)

Proceedings in respect of an offence under subsection (1) shall not, without the consent of the Attorney-General, be taken by any person other than the council by which, or by whose predecessors, the bye-law in question was made.

Annotations

Textual amendments

F1

1985 NI 15

F2

1984 NI 3

Modifications

C1

Ss. 91-94 applied (with modifications) (9.6.2010) by River Bann Navigation Order (Northern Ireland) 2010 (S.R. 2010/126), arts. 1(1), 3(2)

Notes on Part VI

Textual amendments

F1

1965 c.13 (NI), 1981 NI 1