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Section 172 OffencesC1C2I1I2C3

(1)

If any person, for the purpose of procuring a particular decision on an application (whether by that person or another) for the issue of a certificate under section 169 or 170—

(a)

knowingly or recklessly makes a statement which is false or misleading in a material particular;

(b)

with intent to deceive, uses any document which is false or misleading in a material particular; or

(c)

with intent to deceive, withholds any material information,

that person shall be guilty of an offence.

(2)

A person guilty of an offence under subsection (1) shall be liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.

(3)

Notwithstanding Article 19 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26), a magistrates' court may hear and determine a complaint in respect of an offence under subsection (1) whenever made.

Annotations

Modifications

C1

Pt. 5 applied with modification(s) (1.4.2015) by The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 2015 (S.R. 2015/107), regs. 1, 11

C2

Pt. 5 (except ss. 157-163) applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)

C3

Ss. 162-175: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))

Commencement

I1

S. 172 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1

I2

S. 172 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)