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HOUSING (NO. 2) ACT (NORTHERN IRELAND) 1946 - SECT 8

Offences and penalties.

8.Subs.(1) rep. by 1954 c.13 (NI) s.2

(2) Every person guilty of any breach or contravention of any statutory
condition imposed by virtue of [paragraphs (b) and (c)] of sub-section (1) of
the last preceding section shall, without prejudice to any other liability, be
liable on summary conviction to a fine not exceeding

(a)in the case of a first offence one hundred pounds; and

(b)in the case of a second or any subsequent offence, five hundred pounds.

[(3) In the event of any breach or contravention of any of the statutory
conditions there shall forthwith become due and repayable to the [district
council] and recoverable upon demand made in writing by the [district council]
as a civil debt due to them such sum as bears to the amount of the grant paid
by the [district council] in respect of the house to which the
breach or contravention relates the same proportion as that portion of the
period for which the statutory conditions were imposed which, at the time of
the breach or contravention, remains unexpired bears to the whole of the
period.

(3A) Where a person has been convicted of an offence under sub-section (2) of
this section the court before whom he is convicted may, on such conviction,
order that in addition to the amount repayable by him under sub-section (3) of
this section he shall repay to the [district council] the balance of the grant
paid in respect of the house to which the breach or contravention relates or
such lesser sum as the court may think necessary to remedy the
breach or contravention and any such order may, without prejudice to any other
remedy, be enforced in like manner as an order for the payment of a penal sum.

(3B) Where in respect of any house the full amount of a grant or an amount not
less than that repayable under sub-section (3) of this section or which would
have been so repayable if at the time of the repayment there had been a
breach or contravention of the statutory conditions has been repaid to the
[district council] the statutory conditions shall cease to apply to that house
notwithstanding that the period for which those conditions were imposed has
not expired.]

Subs.(4) rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.I

(5) Where any offence punishable under this section has been committed by a
body corporate, then, without prejudice to the liability of that body, every
person who at the time of such commission was a director or other officer of
the body corporate or was purporting to act in any such capacity, shall be
liable to be prosecuted as if he had personally committed that offence and
shall, if on such prosecution it is shown that he consented to, or connived
at, or did not exercise all such diligence as he ought in the circumstances to
have exercised to prevent, the offence, be liable to the like conviction and
punishment as if he had personally been guilty of that offence.

© 1946 Crown Copyright

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