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The Gas (Northern Ireland) Order 1996
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- Northern Ireland Orders in Council
- 1996 No. 275 (N.I. 2)
- SCHEDULE 3A
- Defaults in relation to...
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The Gas (Northern Ireland) Order 1996, Defaults in relation to evidence is up to date with all changes known to be in force on or before 10 May 2024. 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.
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Changes and effects yet to be applied to Schedule 3A Part 10:
- Instrument am. (pt.prosp.) by 1998 c. 41 s.66(5) Sch.10 Pt.III para.8
- Instrument amended by 1998 c. 41 s.66(5) Sch.10 Pt.V para.18
- Instrument rev. in pt. (prosp.) by 1998 c. 41 ss.66(5),74(3), Sch.10, Pt.V, para.18, Sch.14, Pt.II
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 18(1A)(aa) inserted by S.I. 2019/93, Sch. 1 para. 7(2)(b) (as substituted) by S.I. 2019/1245 reg. 24 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
[F1Defaults in relation to evidenceN.I.
10.—(1) If a person (“the defaulter”)—N.I.
(a)fails to comply with a notice issued or other requirement imposed under paragraph 6, 7 or 8;
(b)in complying with a notice under paragraph 8, makes a statement that is false in any material particular; or
(c)in providing information verified in accordance with a statement of truth required by appeal rules, provides information that is false in a material particular,
an authorised member of the CMA may certify the failure, or the fact that such a false statement has been made or such false information has been given, to the High Court.
(2) The High Court may inquire into a matter certified to it under this paragraph; and if, after having heard—
(a)any witness against or on behalf of the defaulter; and
(b)any statement in that defaulter's defence,
it is satisfied that the defaulter did, without reasonable excuse, fail to comply with the notice or other requirement, or made the false statement, or gave the false information, that court may punish that defaulter as if the person had been guilty of contempt of court.
(3) Where the High Court has power under this paragraph to punish a body corporate for contempt of court, it may so punish any director or other officer of that body (either instead of or as well as punishing the body).
(4) A person who wilfully alters, suppresses or destroys a document that that person has been required to produce under paragraph 6 is guilty of an offence and shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.]
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