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Changes over time for: Section 86
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Timeline of Changes
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Status:
This version of this provision is prospective.
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Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are currently no known outstanding effects for the Reservoirs Act (Northern Ireland) 2015, Section 86.
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Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
Variable monetary penaltiesN.I.
This section has no associated Explanatory Notes
86—(1) The Department may by regulations make provision about the imposition by it of variable monetary penalties on reservoir managers of controlled reservoirs in relation to offences under this Act.
(2) Before making regulations under subsection (1), the Department must consult in accordance with section 90.
(3) A “variable monetary penalty” is a requirement to pay to the Department a penalty of such amount as it may in each case determine (but not exceeding the maximum fine for which a person convicted of the offence concerned may be made liable on summary conviction).
(4) Regulations made under subsection (1)—
(a)must provide that variable monetary penalties—
(i)may be imposed only where the Department is satisfied beyond reasonable doubt that a reservoir manager has committed an offence under this Act,
(ii)may not be imposed on a reservoir manager on more than one occasion in relation to the same act or omission,
(iii)are to be imposed by notice served on the reservoir manager concerned,
(b)may provide that variable monetary penalties may be imposed in addition to any requirement referred to in section 67(2) or 71(2).
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