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Part IIICertification of Pension Schemes and Effects on Members' State Scheme Rights and Duties

Chapter IIITermination of Contracted-out or Appropriate Scheme Status: State Scheme Premiums

State scheme premiums

64Unpaid premiums: supplementary

(1)Where a person charged with an offence to which section 63(2) applies is convicted of that offence in his absence under Article 24(2) of the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981, then if—

(a)it is proved to the satisfaction of the court, on oath or by affidavit or in the manner prescribed by magistrates' courts rules, that notice under section 63(4) has been duly served specifying the other premiums in respect of which the complainant intends to give evidence; and

(b)the clerk of petty sessions has received a statement in writing purporting to be made by the accused or by a solicitor acting on his behalf to the effect that if the accused is convicted in his absence of the offence charged he desires to admit failing to pay the other premiums so specified or any of them,

section 63(3) and (4) shall have effect as if the evidence had been given and the failure so admitted had been proved, and the court shall proceed accordingly.

(2)Where—

(a)a person is convicted of an offence to which section 63(2) applies; and

(b)an order is made under the [1950 c. 7 (N.I.).] Probation Act (Northern Ireland) 1950 placing the offender on probation or discharging him absolutely or conditionally,

subsection (1) and section 63(2) to (4) shall apply as if it were a conviction for all purposes.

(3)Any sum which a person is liable to pay under subsection (1) or section 63(2) to (4) shall be recoverable from him as a penalty.

(4)State scheme premiums recovered by the Department under those provisions shall be treated for all purposes as premiums paid to the Department in respect of the person in respect of whom they were originally payable.