- Latest available (Revised)
- Point in Time (01/04/2019)
- Original (As enacted)
Point in time view as at 01/04/2019.
There are currently no known outstanding effects for the Houses in Multiple Occupation Act (Northern Ireland) 2016, Cross Heading: Fixed penalty as alternative to prosecution.
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.
64—(1) This section applies where an authorised officer of a council has reason to believe that a person has committed an offence under any of the following provisions—
(a)section 30, 31, 32 or 33;
(b)section 37(1);
(c)section 49;
(d)section 60;
(e)section 75;
(f)section 80(5);
(g)section 82(4);
(h)paragraph 14 of Schedule 2;
(i)paragraph 8 of Schedule 3.
(2) The officer may serve on the person a notice which—
(a)offers the person the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty,
(b)contains the information required by subsections (3) to (5) and (7),
(c)contains such other information as may be specified in regulations made by the Department, and
(d)is in such form as the council specifies by general notice.
(3) The notice must give particulars of the circumstances alleged to constitute the offence.
(4) The notice must state the amount of the fixed penalty, which is to be determined by the council but must not exceed—
(a)in the case of an offence under section 30(1) or (2), 31(1) or 60(1), (2) or (4), £5,000;
(b)in the case of an offence under section 30(3), 31(2) or (3), 32, 33 or 37(1), £2,500;
(c)in the case of an offence under section 60(6), 80(5) or 82(4) or paragraph 8 of Schedule 3, £500;
(d)in the case of an offence under section 49, section 75 or paragraph 14 of Schedule 2, £200.
(5) The notice must state the period during which (in accordance with section 65(1)) proceedings will not be commenced for the offence.
(6) The fixed penalty is to be payable to the council.
(7) The notice must state the arrangements for paying the fixed penalty; and those arrangements must include, at the least, a person to whom and an address at which the fixed penalty may be paid.
(8) An “authorised officer” of a council is an officer who is authorised in writing by the council for the purposes of this section.
Commencement Information
I1S. 64 in operation at 1.4.2019 by S.R. 2019/39, art. 2 (with art. 3)
65—(1) Where a notice under section 64 is served on a person in respect of an offence—
(a)no proceedings may be commenced against the person for the offence before the end of the period of 14 days, or such other longer period as may be specified in the notice, following the date on which the notice is served; and
(b)the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.
(2) In any proceedings a certificate which—
(a)purports to be signed on behalf of the clerk of the council, and
(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,
is evidence of the facts stated.
(3) A council may use amounts paid to it in pursuance of notices under section 64 only for the purposes of its functions under this Act or such other of its functions as may be specified in regulations made by the Department.
Commencement Information
I2S. 65 in operation at 1.4.2019 by S.R. 2019/39, art. 2 (with art. 3)
66—(1) The Department may by order substitute for any sum specified in section 64(4) such other sum as appears to the Department—
(a)to be justified by a change in the value of money appearing to the Department to have taken place since the passing of this Act or since the last occasion on which an order was made under this section, or
(b)to be appropriate to take account of an order which has been made, or is proposed to be made, under Article 17(2) of the Fines and Penalties (Northern Ireland) Order 1984 altering the standard scale set out in Article 5(2) of that Order.
(2) An order under subsection (1)—
(a)is subject to negative resolution, and
(b)does not affect the punishment for an offence committed before that order comes into force.
Commencement Information
I3S. 66 in operation at 1.4.2019 by S.R. 2019/39, art. 2 (with art. 3)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: