C1 Part VI Enforcement
Legal proceedings
C2110 Legal proceedings.
C51
Any person authorised by the Department, the Department of the Environment or the Housing Executive in that behalf may conduct any proceedings F1under any provision of this Act other than section 108 or under any provision ofF2 the Jobseekers (Northern Ireland) Order 1995before a magistrates’ court, although not a barrister or solicitor.
2
Notwithstanding anything in any statutory provision—
C4a
proceedings for an offence under this Act F7(other than proceedings to which paragraph (b) applies)F3, for an offence under the Jobseekers (Northern Ireland) Order 1995,may be begun at any time within the period of 3 months from the date on which evidence, sufficient in the opinion of the Department to justify a prosecution for the offence, comes to its knowledge or within a period of 12 months from the commission of the offence, whichever period last expires; and
b
proceedings F8brought by the Department of Finance and Personnel or the Housing Executive for an offence under this Act relating to housing benefit may be begun at any time within the period of 3 months from the date on which evidence, sufficient in the opinion of the Department of the Environment or the Housing Executive to justify a prosecution for the offence, comes to its knowledge or within a period of 12 months from the commission of the offence, whichever period last expires.
F42A
Subsection (2) above shall not be taken to impose any restriction on the time when proceedings may be begun for an offence under section 105A above.
3
For the purposes of subsection (2) above—
C3a
a certificate purporting to be signed by or on behalf of the Head or a secretary, under secretary or assistant secretary of the Department or of the Department of the Environment as to the date on which such evidence as is mentioned in paragraph (a) or (b) of that subsection came to its knowledge shall be conclusive evidence of that date; and
b
a certificate purporting to be signed by a member of the Housing Executive or by an officer of the Executive authorised by it to act for the purposes of this section as to the date on which such evidence as is mentioned in paragraph (b) of that subsection came to the Executive’s knowledge shall be conclusive evidence of that date.
F5F64
Any proceedings in respect of any act or omission of an adjudication officer which, apart from this subsection, would fall to be brought against a person appointed by virtue of section 36(1) above who is resident in Great Britain, other than proceedings for an offence, may instead be brought against the Chief Adjudication Officer; and, for the purposes of any proceedings so brought, the acts or omissions of the adjudication officer shall be treated as the acts or omissions of the Chief Adjudication Officer.
F9C65
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65A
In relation to proceedings for an offence under section 108 above—
a
the reference in subsection (2)(a) above to the Department, and
b
the reference in subsection (3)(a) above to the Head or a secretary, under secretary or assistant secretary of the Department,
shall have effect as references to the Inland Revenue.
F106
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Pt. VI: power to amend conferred (7.2.1994) by 1993 c. 49, s.173; S.R. 1994/17, art. 2