Theft (Northern Ireland) Order 1978

Statutory Instruments

1978 No. 1407 (N.I. 23)

Theft (Northern Ireland) Order 1978

[29th September 1978]

Title and commencement N.I.

1.  This Order may be cited as the Theft (Northern Ireland) Order 1978 … Commencement …

Interpretation N.I.

2.  The Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

Obtaining services by deception N.I.

3.  F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Art. 3 repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 1(d)(i), Sch. 3 (with Sch. 2 para. 3); S.I. 2006/3200, art. 2

Evasion of liability by deception N.I.

4.  F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Art. 4 repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 1(d)(ii), Sch. 3 (with Sch. 2 para. 3); S.I. 2006/3200, art. 2

Making off without payment N.I.

5.—(1) Subject to paragraph (3), a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence.

(2) For purposes of this Article “payment on the spot” includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.

(3) Paragraph (1) shall not apply where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable.

(4) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 Art. 5(4) repealed (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 15(4), 41(2), Sch. 1 para. 17, Sch. 2

Punishments N.I.

6.—(1) Offences under this Order shall be punishable either on conviction on indictment or on summary conviction.

(2) A person convicted on indictment shall be liable—

(a) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for an offence under Article 5, to imprisonment for a term not exceeding two years.

(3) A person convicted summarily of any offence under this Order shall be liable to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both.

F4 Art. 6(2)(a) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 16, Sch. 3; S.I. 2006/3200, art. 2

Supplementary N.I.

7.—(1) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Sections 29(1) (effect on civil proceedings) and 32 (interpretation) of the Act of 1969, so far as they are applicable in relation to this Order, shall apply as they apply in relation to that Act.

Para.(3) amends sch. to 1952 c.67; para.(4) repeals s.16(2)(a) of 1969 c.16 (NI)

F5 Art. 7(1) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 17, Sch. 3; S.I. 2006/3200, art. 2