The Fire Services (Northern Ireland) Order 1984

Offences, penalties and legal proceedings N.I.

Falsification of documents, false statements, etc. N.I.

42.—(1) If a person—

(a) with intent to deceive, makes or has in his possession a document so closely resembling a fire certificate as to be calculated to deceive;

(b) for the purpose of procuring the issue of a fire certificate, makes any statement or gives any information which he knows to be false in a material particular or recklessly makes any statement or gives any information which is so false;

(c) in purported compliance with any obligation to give information to which he is subject under or by virtue of this Part, or in response to any inquiry made by virtue of Article 40 (1) (b), gives any information which he knows to be false in a material particular or recklessly gives any information which is so false; or

(d) makes in any register, book, notice or other document required by or by virtue of regulations made under this Part to be kept, served or given, an entry which he knows to be false in a material particular.

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) If a person with intent to deceive pretends to be an authorised member of the fire brigade, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offences due to fault of other person N.I.

43.  Where the commission by any person of an offence under this Part or any regulations made thereunder is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this Article whether or not proceedings are taken against the first-mentioned person.

Defence available to persons charged with offences N.I.

44.  In any proceedings for an offence under this Part or under regulations made thereunder, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

[F1 Civil and other liability N.I.

44A.   Except in so far as this Order otherwise expressly provides, and subject to section 20(1) and (4) of the Interpretation Act (Northern Ireland) 1954 (offences under two or more laws), the provisions of this Order shall not be construed as—

(a) conferring a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of a provision of this Order, of any regulations thereunder or of any fire certificate or notice issued or served thereunder by the Authority; or

(b) affecting any requirement or restriction imposed by or under any other statutory provision; or

(c) derogating from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Order.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F1 1993 NI 7

Power where notice under Article 24 in force, to modify agreements, etc. N.I.

45 .F2 —(1) Where there is in force a notice under Article 24 relating to any premises (in this Article referred to as “the relevant premises”), this Article shall apply to any premises consisting of or comprised in the relevant building.

(2) A person who, by reason of the terms and conditions of an agreement or lease relating to any premises to which this Article applies, is prevented from carrying out or doing with respect to the premises any structural or other alterations or other thing whose carrying out or doing is requisite—

(a) as being a step mentioned in a notice served in connection with the relevant premises under any of the following provisions, namely Articles 26 (4), 29 (6), 29 (7) or 34 (8) (b);

(b) in order to secure compliance with a requirement imposed by a fire certificate issued with respect to the relevant premises; or

(c) in order to secure compliance with a provision of regulations under Article 34 which is, or will become, applicable to the premises by virtue of there being in force a notice under Article 24 relating to the relevant premises,

may apply to the county court in accordance with county court rules and the court may make such an order setting aside or modifying any of the terms and conditions of the agreement or lease as the court considers just and equitable in the circumstances of the case.

(3) Subject to paragraph (4), where, in the case of any premises to which this Article applies, the carrying out or doing with respect to those premises of any structural or other alterations or other thing whose carrying out or doing is requisite as mentioned in paragraph (2) involves a person having an interest in the premises in expense or in increased expense, and he alleges that the whole or part of the expense or, as the case may be, the increase, ought to be borne by some other person having an interest in the premises, the first-mentioned person may apply to the county court in accordance with county court rules and the court may by order give such directions—

(a) with respect to the persons by whom the expense or increase is to be borne, and the proportions in which it is to be borne by them; and

(b) if need be, for modification of the terms of any agreement or lease relating to the premises so far as concerns rent payable in respect of the premises,

as the court considers just and equitable in the circumstances of the case.

(4) On an application under paragraph (3) the court shall not direct the whole or any part of the expense or increase to be borne by a person other than the applicant by reason only of that other person being a statutory tenant of the premises or any part of the premises.

(5) References in paragraph (2) to the terms and conditions of an agreement or lease relating to any premises include references to the terms and conditions on or subject to which by virtue of Article 15 of the Rent (Northern Ireland) Order 1978F3 a statutory tenant retains possession of any premises.

(6) In this Article “statutory tenant” has the same meaning as in the Rent (Northern Ireland) Order 1978.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F2 mod by SR 1993/404

F3 S.I. 1978/1050 (N.I. 20).