[F1Article 4 and 5 offences: investigation and enforcement costsN.I.
5B.—(1) This Article applies where a person is convicted of—
(a)an offence under Article 4 in respect of a contravention of paragraph (1) of that Article; or
(b)an offence under Article 5 in respect of a failure to comply with paragraph (1) of that Article.
[F2(2) The court by or before which the offender is convicted may make an order requiring him to pay—
(a)to the Department or a district council a sum which appears to the court not to exceed the costs arising from investigations of the Department or the district council which resulted in the conviction; and
(b)to the Department a sum which appears to the court not to exceed the costs arising from the seizure by the Department under Article 5E of a vehicle involved in the offence.]
(3) The costs arising from the seizure of a vehicle as specified in paragraph (2)(b) may include the cost of disposing of the contents of the vehicle.
(4) The power of a court to make an order under this Article is in addition to its power to make an order under section 2 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (award of costs against accused).]
F1Art. 5B and preceding cross-heading inserted (25.6.2007) by Waste (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/611 (N.I. 3)), arts. 1(3), 6(1) (with art. 6(2)); S.R. 2007/294, art. 2, Sch.
F2Art. 5B(2) substituted (2.1.2023) by Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011 (c. 5), ss. 5(3), 12; S.R. 2022/289, art. 2(b)