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COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 149



149.(1) All offences under the Companies Acts made punishable by fine alone
shall be triable summarily.

(2) Summary proceedings for any offence under the Companies Acts may (without
prejudice to any jurisdiction exercisable apart from this paragraph) be taken
against a body corporate at any place at which the body has a place of
business, and against any other person at any place at which he is for the
time being.

(3) Notwithstanding anything in section 34(a) of the Magistrates' Courts Act
(Northern Ireland) 1964 (time limit for summary proceedings), a magistrates'
court shall have jurisdiction to hear and determine a complaint charging the
commission of [an offence punishable under the Companies Acts upon summary
conviction other than an offence which is also triable upon indictment]
provided that the complaint is made within three years from the time when the
offence was committed and within twelve months from the date on which
evidence, sufficient in the opinion of the Director of Public Prosecutions for
Northern Ireland or the Department, as the case may be, to justify the
proceedings comes to his or the Department's knowledge.

(4) For the purposes of paragraph (3), a certificate of the Director of Public
Prosecutions for Northern Ireland or the Department, as the case may be, as to
the date on which such evidence as is mentioned in that paragraph came to his
or the Department's knowledge shall be conclusive evidence thereof.

Para.(5) repeals s.390 of 1960 c.22 (NI)

(6) In relation to offences committed before the coming into operation of this
Article, paragraph (3) shall not apply if the time allowed for taking
proceedings under the Magistrates' Courts Act (Northern Ireland) 1964 had
already expired before this Article comes into operation.



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© 1978 Crown Copyright

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