Access to Justice (Northern Ireland) Order 2003, Section 33 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
33.—(1) Any person who—
(a)intentionally fails to comply with any requirement imposed by virtue of this Part as to the information to be furnished by him, or
(b)in furnishing any information required by virtue of this Part makes any statement or representation which he knows or believes to be false,
shall be guilty of an offence.
(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to—
(a)a fine not exceeding level 4 on the standard scale, or
(b)imprisonment for a term not exceeding three months,
or to both.
(3) Notwithstanding any statutory provision prescribing the period within which summary proceedings may be commenced, proceedings in respect of an offence under paragraph (1) may be commenced at any time within the period of six months beginning with the date on which evidence, sufficient in the opinion of the Attorney General to justify a prosecution for the offence, comes to his knowledge.
(4) But paragraph (3) does not authorise the commencement of proceedings for an offence at a time more than two years after the date on which the offence was committed.
(5) For the purposes of paragraph (3) a certificate purporting to be signed by the Attorney General as to the date on which evidence such as is mentioned in that paragraph has come to his knowledge, shall be conclusive evidence thereof.
(6) A county court shall, notwithstanding any limitation imposed on the jurisdiction of a county court under any other statutory provision, have jurisdiction to hear and determine any action brought by the [F1Department] to recover loss sustained by reason of—
(a)the failure of any person to comply with any requirement imposed by virtue of this Part as to the information to be furnished by him, or
(b)a false statement or false representation made by any person in furnishing any information required by virtue of this Part.
F1Word in art. 33(6) substituted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(32) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)
Commencement Information
I1Art. 33 in operation at 1.4.2015 by S.R. 2015/194, art. 2, Sch. (with art. 3)
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