HARBOURS ACT (NORTHERN IRELAND) 1970

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HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 29



29.(1) The Ministry may by notice require any person who has received a grant
or loan 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.

(2) Subject to subsection (3), a notice under subsection (1) 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.

(3) The time specified in a notice under subsection (1) 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.

(4) Any person duly authorised in that behalf by the Ministry may for the
purposes mentioned in subsection (1), on production (if so required) of
written evidence of his authority, at all reasonable times enter and inspect
any premises where any plant or equipment in respect of which a grant or loan
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 plant or equipment
for inspection.

(5) Any person who in purported compliance with a notice under subsection (1)
knowingly or recklessly makes any statement or produces any document which is
false in a material particular shall be guilty of an offence and liable

(a)on summary conviction to a fine not exceeding one hundred pounds, 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.

(6) Any person who without reasonable excuse fails to comply with a notice
under subsection (1) shall be guilty of an offence and liable on conviction to
a fine not exceeding one hundred pounds.

(7) Any person who wilfully obstructs any person in the exercise of a right of
entry conferred by subsection (4), or without reasonable excuse fails to
comply with a requirement under that subsection, shall be guilty of an offence
and liable on summary conviction to a fine not exceeding fifty pounds.

(8) Any person who without reasonable excuse fails to comply with any
condition subject to which a grant or loan was made to him 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 liable

(a)on summary conviction, to a fine not exceeding #300;

(b)on conviction on indictment, to a fine not exceeding #1,000 or three times
the amount so repayable, whichever is the greater.

(9) Summary proceedings for an offence under subsection (8) may be instituted
by the Attorney General or the Ministry at any time

(a)within the period of three years from the commission of the offence; or

(b)within the period of twelve months from the date on which evidence to
justify a prosecution for the offence comes to the knowledge of the Attorney
General or the Ministry, as the case may be;

(10) For the purposes of subsection (9) a certificate purporting to be signed
by the Attorney General as to the date on which such evidence as aforesaid
came to his knowledge or to the knowledge of the Ministry shall be prima facie
evidence thereof.

Accounts, &c., relating to harbour authorities.

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Northern Irish Legislation

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 29