N.I. Operation of enactments

F1 20 Offences. N.I.

(1) Where any act or omission constitutes an offence under two or more than two statutory provisions or under a statutory provision and at common law, the offender shall be liable to be prosecuted and punished under either or any of those provisions or at common law, but shall not be liable to be punished twice for the same offence.

F2 F3 (2) Where an offence under any enactment passed after the commencement of this Act has been committed by a body corporate the liability of whose members is limited, then notwithstanding and without prejudice to the liability of that body, any person who at the time of such commission was a director, general manager, secretary or other similar officer of that body or was purporting to act in any such capacity shall, subject to sub-section (3), be liable to be prosecuted as if he had personally committed that offence and shall, if on such prosecution it is proved to the satisfaction of the court that he consented to, or connived at, or did not exercise all such reasonable diligence as he ought in the circumstances to have exercised to prevent the offence, having regard to the nature of his functions in that capacity and to all the circumstances, be liable to the like conviction and punishment as if he had personally been guilty of that offence.

(3) A person shall not be charged under sub-section (2) [F4 F5 except by or with the consent of the Attorney-General or the Director of Public Prosecutions for Northern Ireland].

(4) An enactment creating criminal liability for an act or omission which, apart from that enactment, would give rise to civil liability shall not operate to prejudice the civil liability …F6 .

F1 mod. by SI 2004/1769

F2 mod. by 2005 NI 17

F3 mod. by 2002 NI 7

F4 1972 NI 1

F5 continue to am. 2002 c. 26

F6 1967 c. 18 (NI)

Modifications etc. (not altering text)

C1 S. 20 applied with mods. (15.10.2012) by The Alien and Locally Absent Species in Aquaculture Regulations (Northern Ireland) 2012 (S.R. 2012/335), regs. 1, 22(1) (with reg. 24)

C2 S. 20(2) applied (with modifications) (15.3.2006) by Safety of Sports Grounds (Northern Ireland) Order 2006 (S.I. 2006/313 (N.I. 2)), arts. 1(3)(a), 2(4) (with art. 26)

S. 20(2) applied (with modifications) (31.8.2006) by Ozone Depleting Substances (Qualifications) Regulations (Northern Ireland) 2006 (S.R. 2006/321), reg. 10

S. 20(2) applied (with modifications) (1.2.2007) by Water Abstraction and Impoundment (Licensing) Regulations (Northern Ireland) 2006 (S.R. 2006/482), reg. 26 (with reg. 3)

C3 S. 20(2) applied (with modifications) (31.5.2007) by Sulphur Content of Liquid Fuels Regulations (Northern Ireland) 2007 (S.R. 2007/272), reg. 7(3)

C4 S. 20(2) applied (with modifications) (1.10.2008) by Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008 (S.R. 2008/315), reg. 13

C5 S. 20(2) applied (with modifications) (8.12.2008) by Pesticides (Maximum Residue Levels) Regulations (Northern Ireland) 2008 (S.R. 2008/433), reg. 10(1) (with reg. 14(1))

C6 S. 20(2) applied (with modifications) (31.12.2008) by Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) Order (Northern Ireland) 2008 (S.R. 2008/484), art. 10(1)

C7 S. 20(2) applied (with modifications) (2.8.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 73 (with art. 77); S.R. 2010/226, art. 2, Sch.

C8 S. 20(2) applied (with modifications) (12.10.2009 for certain purposes, otherwise prosp.) by Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)), arts. 1(3), 22(1) (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/346, art. 3, Sch.

C9 S. 20(2) modified (15.11.2010) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 42(1) (with arts. 44, 46, 49, 62); S.R. 2010/328, art. 2

S. 20(2) modified (30.4.2007) by Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)), arts. 1(2), 13(1) (with art. 16(1)); S.R. 2007/118, art. 2

S. 20(2) modified (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 110(2) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (with art. 3, Sch. 2)

C10 S. 20(2) applied (with modifications) (27.3.2009) by Aquatic Animal Health Regulations (Northern Ireland) 2009 (S.R. 2009/129), regs. 1(1), 47(1)

C11 S. 20(2) applied (with modifications) (12.5.2009) by Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2009 (S.R. 2009/184), regs. 1(1)(b), 48(1) (with reg. 52)

C12 S. 20(2) applied (with modifications) (10.8.2009) by Groundwater Regulations (Northern Ireland) 2009 (S.R. 2009/254), reg. 30(1) (with reg. 5)

C13 S. 20(2) applied (with modificaitons) (18.1.2010) by Private Water Supplies Regulations (Northern Ireland) 2009 (S.R. 2009/413), reg. 22(2) (with reg. 4)

C14 S. 20(2) applied (with modifications) (31.3.2010) by Horse Passports Regulations (Northern Ireland) 2010 (S.R. 2010/40), reg. 21

C15 S. 20(2) applied (with modifications) (11.7.2011) by Welfare of Animals Act (Northern Ireland) 2011 (c. 16), ss. 51, 59 (with ss. 1(2), 52(1), 53, 54); S.R. 2011/245, art. 2, Sch. 1

C16 S. 20(2) applied (with modifications) (31.7.2011) by Controls on Ozone-Depleting Substances Regulations (Northern Ireland) 2011 (S.R. 2011/239), reg. 13(1) (with reg. 15)

C17 S. 20(2) applied (with modifications) (31.7.2011) by Ozone-Depleting Substances (Qualifications) Regulations (Northern Ireland) 2011 (S.R. 2011/240), reg. 13(1) (with reg. 15)

C18 S. 20(2) applied (with modifications) (4.10.2011) by Plant Protection Products Regulations (Northern Ireland) 2011 (S.R. 2011/295), reg. 23(1)

C19 S. 20(2) applied (with modifications) (1.11.2011) by Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (S.R. 2011/331), reg. 17 (with regs. 3, 21)

C20 S. 20(2) applied (with modifications) (31.3.2012) by High Hedges Act (Northern Ireland) 2011 (c. 21), ss. 13, 20 (with s. 18); S.R. 2012/20, art. 2(2)

C21 S. 20(2) applied (with modifications) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), ss. 74, 78; S.R. 2012/13, art. 2(2), Sch. 2

C22 S. 20(2) applied (with modifications) (1.5.2012) by Sunbeds Act (Northern Ireland) 2011 (c. 19), ss. 15(1), 18(2); S.R. 2012/90, art. 2

C23 S. 20(2) applied (with modifications) (30.6.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 46, 118(1) (with s. 73); S.R. 2012/266, art. 2(b), Sch. Pt. 2

C24 S. 20(2)(3) applied (with modifications) (1.9.2012) by Taxis Act (Northern Ireland) 2008 (c. 4), ss. 47, 59; S.R. 2012/313, art. 2(2), Sch. Pt. 2

C25 S. 20(2) applied (with modifications) (6.1.2013) by The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2012 (S.R. 2012/453), regs. 1, 36(6) (with reg. 5, Sch. 3)

C26 S. 20(3) applied (with modifications) (2.8.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 73 (with art. 77); S.R. 2010/226, art. 2, Sch.

C27 S. 20(3) modified (22.1.2010) by Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2), ss. 58(4)(a), 60(1)(c)