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LOANS GUARANTEE AND BORROWING REGULATION ACT (NORTHERN IRELAND) 1946 - SECT 6

Section 2(3).

6. This Act may be cited as the Loans Guarantee and Borrowing Regulation Act
(Northern Ireland), 1946.

1. Any person who contravenes or attempts to contravene any provision of any
order made under this Act shall be liable on summary conviction to
imprisonment for not more than three months or to a fine not exceeding five
hundred pounds or to both such imprisonment and such fine and on conviction on
indictment to imprisonment for not more than two years or to such fine or to
both such last-mentioned imprisonment and such fine.

2.(1) The Ministry may give to any person directions requiring him, within
such time and in such manner as may be specified in the directions, to furnish
to it, or to any person designated in the directions as a person authorised to
require it, any information in his possession or control which the Ministry or
the person so authorised, as the case may be, may require for the purpose of
securing compliance with, or detecting evasion of, any order made under
this Act:

Provided that if a person required to give any information under this
paragraph objects to the giving thereof on the ground that it might tend to
incriminate [that person or the husband or wife of that person, that person]
shall not be bound to give that information.

(2) The Ministry may give to any person directions requiring him, within such
time and in such manner as may be specified in the directions, to produce such
books, accounts or other documents (hereinafter referred to as "documents") in
his possession or control as may be required by the Ministry or by any person
designated in the directions as a person authorised to require them and any
documents produced by a person in compliance with any such requirements may be
given in evidence against him notwithstanding that they may tend to
incriminate him.

(3) If a resident magistrate is satisfied by information on oath that there is
reasonable ground for suspecting that there are at any premises any documents
which a person ought to have produced under the last preceding sub-paragraph
but has failed or refused to produce, he may grant a search warrant
authorising any police officer or constable, together with any other persons
named in the warrant and any other police officers or constables, to enter the
premises specified in the information (using such force as is reasonably
necessary for the purpose) at any time within one month from the date of the
warrant, and to search the premises and take possession of any documents
appearing to be such documents as aforesaid or take in relation thereto any
other steps which may appear necessary for preserving them and preventing
interference therewith.

(4) Any person who

(a)fails or refuses to comply with any requirement to furnish information or
produce documents imposed on him by or under this paragraph; or

(b)with intent to evade the provisions of this paragraph or of any order made
under this Act destroys, mutilates, defaces, secretes or removes any
documents; or

(c)obstructs any person exercising any powers conferred on him by or under
this paragraph,

3.(1) Proceedings for an offence under this Act shall not be instituted except
by or with the consent of the Attorney-General for Northern Ireland.

(2) Any proceedings under the Summary Jurisdiction Acts (Northern Ireland)
which may be taken against any person under this Act may, notwithstanding
anything to the contrary in those Acts, be taken at any time not later than
twelve months from the date on which evidence sufficient in the opinion of
the Ministry to justify the proceedings comes to the knowledge of
the Ministry, or, where the person in question was outside Northern Ireland at
that date, within twelve months from the date on which he first comes into
Northern Ireland thereafter.

For the purposes of this sub-paragraph, a certificate of the Ministry as to
the date on which such evidence as aforesaid came to the knowledge of
the Ministry shall be conclusive evidence thereof.

(3) Proceedings against any person in respect of an offence under this Act may
be taken before the appropriate court in Northern Ireland having jurisdiction
in the place where that person is for the time being.

(4) Where any offence under this section has been committed by a body
corporate, then, notwithstanding and without prejudice to the liability of
that body, every person who at the time of such commission was a director or
other officer of the body corporate or was purporting to act in any such
capacity shall be liable to be prosecuted as if he had personally committed
that offence and shall, if on such prosecution it is shown that he consented
to, or connived at, or did not exercise all such diligence as he ought in the
circumstances to have exercised to prevent, the offence, be liable to the like
conviction and punishment as if he had personally been guilty of that offence.

© 1946 Crown Copyright

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