OpenLegislation

Theft (Northern Ireland) Order 1978

1978/1407 · Made 29 September 1978 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 March 2007.

[29th September 1978]

Contents

  1. 1Title and commencement
  2. 2Interpretation
  3. 3Obtaining services by deception Repealed
  4. 4Evasion of liability by deception Repealed
  5. 5Making off without payment
  6. 6Punishments
  7. 7Supplementary

1Title and commencement

This Order may be cited as the Theft (Northern Ireland) Order 1978 … Commencement …

2Interpretation

The Interpretation Act (Northern Ireland) 1954 1954 c.33 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

3Obtaining services by deception

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Evasion of liability by deception

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Making off without payment

(1)

Subject to paragraph (3), a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence.

(2)

For purposes of this Article “payment on the spot” includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.

(3)

Paragraph (1) shall not apply where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable.

(4)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6Punishments

(1)

Offences under this Order shall be punishable either on conviction on indictment or on summary conviction.

(2)

A person convicted on indictment shall be liable—

(a)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

for an offence under Article 5, to imprisonment for a term not exceeding two years.

(3)

A person convicted summarily of any offence under this Order shall be liable to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both.

7Supplementary

(1)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

Sections 29(1) (effect on civil proceedings) and 32 (interpretation) of the Act of 1969, so far as they are applicable in relation to this Order, shall apply as they apply in relation to that Act.

Para.(3) amends sch. to 1952 c.67; para.(4) repeals s.16(2)(a) of 1969 c.16 (NI)