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Theft (Northern Ireland) Order 1978

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N.I.

Statutory Instruments

1978 No. 1407 (N.I. 23)

Theft (Northern Ireland) Order 1978

[29th September 1978]

Title and commencementN.I.

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

InterpretationN.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 deceptionN.I.

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

Evasion of liability by deceptionN.I.

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

Making off without paymentN.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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PunishmentsN.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.

SupplementaryN.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)

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