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FISH INDUSTRY ACT (NORTHERN IRELAND) 1972 - SECT 7

Conditions.

7.(1) Without prejudice to section 6(d)(iii), in making a grant or loan in
accordance with a scheme or under an order under this Act the Ministry shall
impose such conditions as it thinks fit; and, without prejudice to
sections 5(1)(b) and 6(f), such conditions may include (in the case of a
grant) conditions for repayment in specified circumstances.

(2) The Ministry may by notice require any person who has received a grant or
loan in accordance with a scheme or under an order under this Act, and any
person acting on his behalf, to furnish to the Ministry such information, or
to produce for examination on behalf of the Ministry such books, records or
other documents, as may be specified in the notice for the purpose of enabling
the Ministry to determine whether any condition subject to which the grant or
loan is made is satisfied or is being complied with or whether the grant has
become repayable in whole or in part, or the loan has become repayable on
terms other than the terms on which it would otherwise have been repayable, in
accordance with any such condition.

(3) Subject to subsection (4), a notice under subsection (2) may require the
information to which it relates to be furnished within such time as may be
specified in the notice, and may require the documents to which it relates to
be produced at such time and place as may be so specified.

(4) The time specified in a notice under subsection (2) for furnishing any
information or producing any document shall not be earlier than the end of the
period of twenty-eight days beginning with the service of the notice.

(5) Any person duly authorised in that behalf by the Ministry may for the
purposes mentioned in subsection (2), on production (if so required) of
written evidence of his authority, at all reasonable times enter and inspect
any premises where any equipment or facility in respect of which a grant or
loan in accordance with a scheme under this Act has been made is, or in
accordance with any condition attached to the grant or loan should be, and
require any person appearing to him to have charge of those premises to
produce or identify the equipment or facility for inspection.

(6) Any person who in purported compliance with a notice under subsection (2)
knowingly or recklessly makes any statement or produces any document which is
false in a material particular shall be guilty of an offence and shall be
liable

(a)on summary conviction to a fine not exceeding [#500], or to imprisonment
for a term not exceeding three months, or to both;

(b)on conviction on indictment to a fine, or to imprisonment for a term not
exceeding two years, or to both.

(7) Any person who without reasonable excuse fails to comply with a notice
under subsection (2) shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding [#500].

(8) Any person who wilfully obstructs any person in the exercise of a right of
entry under subsection (5), or without reasonable excuse fails to comply with
a requirement under that subsection, shall be guilty of an offence and shall
be liable on summary conviction to a fine not exceeding [#500].

(9) Any person who without reasonable excuse fails to comply with any
condition subject to which a grant or loan was made to him in accordance with
a scheme or under an order under this Act requiring him to inform the Ministry
of any event whereby the grant or loan becomes repayable in whole or in part
or the loan becomes repayable on terms other than the terms on which it would
have been repayable if the event had not occurred shall be guilty of an
offence and shall be liable

[(a)on summary conviction to a fine not exceeding #500;

(b)on conviction on indictment to a fine not exceeding #2,000 or three times
the amount so repayable, whichever is the greater.]

Subs.(10)(11) rep. by 1980 NI 6 art.13 sch.2

S.8 amends ss.1, 2 of 1967 c.8 (NI)


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