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The Fines and Penalties (Northern Ireland) Order 1984

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SCHEDULES

Article 4.

SCHEDULE 1N.I.ALTERATION OF PENALTIES FOR CERTAIN OFFENCES UNDER THE MISUSE OF DRUGS ACT 1971

1.  In Schedule 4 to the [1971 c. 38] Misuse of Drugs Act 1971—N.I.

(a)in the entries showing the punishment that may be imposed on persons summarily convicted of offences mentioned in paragraph 2(b) of this Schedule, for “6 months or £200, or both” there shall be substituted “ 3 months or £500, or both ”; and

(b)in the entry relating to section 5(2)—

(i)for “6 months or £400, or both” (being the maximum punishment on summary conviction of an offence under that section where a Class B drug was involved) there shall be substituted “ 3 months or £500, or both ”; and

(ii)for “6 months or £200, or both” (being the maximum punishment on summary conviction of such an offence where a Class C drug was involved) there shall be substituted “ 3 months or £200, or both ”; and

(c)in the entries showing the punishment that may be imposed on persons summarily convicted of offences for “12 months” there shall be substituted “ 6 months ”.

2.  The offences in that Act of 1971 to which (as provided in[F1 Article 4(9)]) Article 4(1) does not apply are—N.I.

(a)offences under section 5(2) (having possession of a controlled drug) where the controlled drug in relation to which the offence was committed was a Class B or Class C drug;

(b)offences under the following provisions, where the controlled drug in relation to which the offence was committed was a Class C drug, namely—

(i)section 4(2) (production, or being concerned in the production, of a controlled drug);

(ii)section 4(3) (supplying or offering a controlled drug or being concerned in the doing of either activity by another);

(iii)section 5(3) (having possession of a controlled drug with intent to supply it to another);

(iv)section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there);

(v)section 12(6) (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs); or

(vi)section 13(3) (contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs).

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3.  In this Schedule “controlled drug”, “Class B drug” and “Class C drug” have the same meaning as in that Act of 1971.N.I.

Article 7(1).

SCHEDULE 2N.I.PROVISIONS CREATING OFFENCES FOR WHICH THE FINE REMAINS AT ITS PRESENT LEVEL

1.  Any provision of the [1950 c. 13 (N.I.)] Control of Greyhounds Act (Northern Ireland) 1950 (as amended by the [1983 NI 8] Dogs (Northern Ireland) Order 1983)N.I.

2.  Any provision of the [1952 c. 5 (N.I.)] Foyle Fisheries Act (Northern Ireland) 1952 (as amended by the [1981 NI 7] Fisheries Amendment (Northern Ireland) Order 1981)N.I.

Para.3 rep. by 1994 NI 15

4.  Any provision of the [1966 c. 17 (N.I.)] Fisheries Act (Northern Ireland) 1966 (as amended by the Fisheries Amendment (Northern Ireland) Order 1981).N.I.

Para.5 rep. by 1998 NI 9

6.  Any provision of the [1972 c. 4 (N.I.)] Fish Industry Act (Northern Ireland) 1972 (as amended by the Fisheries Amendment (Northern Ireland) Order 1981).N.I.

Para.7 rep. by 1986 NI 3

Paras.8, 9 rep. by 1994 NI 15

10.  Sections 110(1), 111(1) and 112 of the [1977 c. 37] Patents Act 1977.N.I.

Paras.11, 12 rep. by 1994 NI 15

Para.13 rep. by 1995 NI 2

14.  Any provision in the [1978 NI 20] Rent (Northern Ireland) Order 1978 (as amended by the [1983 NI 15] Housing (Northern Ireland) Order 1983).N.I.

Para.15 rep. by 1990 NI 14

16.  Any provision of the [1980 NI 5] Domestic Proceedings (Northern Ireland) Order 1980.N.I.

17.  Any provision of the [1980 NI 7] Bees (Northern Ireland) Order 1980.N.I.

Para.18 rep. by 1993 NI 15

19.  Any provision of the [1980 NI 12] Private Streets (Northern Ireland) Order 1980.N.I.

Para.20 rep. by 1996 NI 10

21.  Any provision of the [1981 NI 3] Housing (Northern Ireland) Order 1981 (as amended by the [1983 NI 15] Housing (Northern Ireland) Order 1983).N.I.

22.  Article 47(1) of the [1981 NI 10] Weights and Measures (Northern Ireland) Order 1981.N.I.

Para.23 rep. by 1998 NI 2

Para.24 rep. by 1994 NI 15

25.  Article 85(8) of the [1981 NI 26] Magistrates Courts (Northern Ireland) Order 1981.N.I.

26.  Any provision of the [1982 NI 10] Probation Board (Northern Ireland) Order 1982.N.I.

27.  Any provision of the [1982 NI 15] Industrial Development (Northern Ireland) Order 1982.N.I.

Paras.28, 29 rep. by 1994 NI 15

30.  Any provision of the [1983 NI 8] Dogs (Northern Ireland) Order 1983.N.I.

31.  Article 8(3) of the [1983 NI 13] Criminal Attempts and Conspiracy (Northern Ireland) Order 1983.N.I.

32.  Any provision of the Housing (Northern Ireland) Order 1983.N.I.

33.  Any provision of the Access to the [1983 NI 18] Countryside (Northern Ireland) Order 1983.N.I.

34.  Article 3(7) of the [1984 NI 2] Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1984.N.I.

Article 7(2).

SCHEDULE 3N.I.SPECIAL INCREASES

Statutory provisionProvision creating the offence or setting out the penaltyPresent maximum fineNew maximum fine
F2. . . F2. . . F2. . . F2. . .
Belfast Improvement Act 1845 (c. cxlii)Section 167 as amended by section 39 of the Belfast Improvement Act 1884 (c. xciii) (miscellaneous offences committed in street)£2£200
Town Police Clauses Act 1847 (c. 89)Section 21 (obstruction during public procession)£2£200
Section 28 (miscellaneous offences committed in street)£2£200
Section 45 (plying for hire without a licence)£2£500
Section 53 (driver refusing to drive)£10£50
Section 55 (exacting more than legal fare)£2£200
Section 58 (overcharging)£2£200
Towns Improvement (Ireland) Act 1854 (c. 103)Section 72 (miscellaneous offences committed in street)£20£200
Section 80 (plying for hire without a licence)£2£500
Section 83 (driver refusing to drive)£10£50
Section 84 (overcharging)£2£200
Offences against the Person Act 1861 (c. 100)Section 43 (aggravated assault)£100£500
F3. . . F3. . . F3. . . F3. . .
Street Trading (Regulation) Act (Northern Ireland) 1929 (c. 9)Section 9(1) (trading without a licence)£5£200
Radioactive Substances Act 1948 (c. 37)Section 7(4) (obstruction of inspectors)£100 (as amended by Article 9)£500
Section 8(3) (other summary offences under the Act)£100£500
Seeds Act (Northern Ireland) 1965 (c. 22)

Section 8(7) (obstruction)

£20£200
Section 10 (tampering with samples)£100£1,000
Horticulture Act (Northern Ireland) 1966 (c. 15)Section 31(2) (penalties for summary offences other than sections 23(1)(e), 27(1) or 30 (5))£250 (as amended by Article 9)£1,000
F4. . . F4. . . F4. . . F4. . .
Census Act (Northern Ireland) 1969 (c. 8)Section 7(1) (wilful default in performance of duties)£10£200
Section 7(2) (miscellaneous offences in respect of returns)£10£200
Section 7(3) (refusal to answer or false answer)£10£200
Section 7(5) (disclosure of information)£10£200
Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24)Section 69(7)(a) (refusal to attend, produce documents or give evidence before registrar)£10£200
Section 70 (general offences by societies)£10£200
F5. . . F5. . . F5. . . F5. . .
Welfare of Animals Act (Northern Ireland) 1972 (c. 7)Section 5(5) (obstruction)£25£200
Section 22 (poisonous substances)£50£500
F6. . . F6. . . F6. . . F6. . .
Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14)Article 9(2) (failure to submit school children for medical or dental inspection)£10£50
Tattooing of Minors (Northern Ireland) Order 1979 (NI 10)Article 3 (tattooing a minor)£400£500
Criminal Justice (Northern Ireland) Order 1980 (NI 6)Article 10(1) (persons found drunk)£20£25
F7. . . F7. . . F7. . . F7. . .
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Article 7(3) and 17(2)(c).

SCHEDULE 4N.I.FINES IMPOSED OTHERWISE THAN ON CONVICTION

Statutory provisionProvision imposing the finePresent maximum fineNew maximum fine
F8. . . F8. . . F8. . . F8. . .
Judgments Enforcement (Northern Ireland) Order 1981 (NI 6)Article 122(2)(b) (failure to comply with attachment of earnings order)£100£1,000
Article 122(3) (failure to comply with attachment of earnings order for a second time)£400£1,000
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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.

Article 17(2)(c).

SCHEDULE 5N.I.FINES OR OTHER SUMS THAT MAY BE ALTERED UNDER ARTICLE 17

Statutory provisionProvision setting out the fine or other sumMaximum fine or sum
Summary Jurisdiction Act (Northern Ireland) 1953 (c. 3)Section 26(1) (amount of malicious damage)£200 (as amended by Article 13)
Coroners Act (Northern Ireland) 1959 (c. 15)Section 20(1) (failure to answer summons to serve as a juror or to give evidence)£200
Section 20(2) (refusal to serve as a juror or to give evidence)£200
Section 34 (contempt)£500
County Courts (Northern Ireland) Order 1980 (NI 3)Article 55(2) (contempt of court)£500
Contempt of Court Act 1981 (c. 49)Section 14(2) (contempt in an inferior court)£500
Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)Article 112(6)(a) (disobedience of orders other than payment of money)£1,000
Article 120(1) (refusal to give evidence)£500
Article 160(2) (misbehaviour in court)£500
[F9Juries (Northern Ireland) Order 1996][F9Article 26 (defaulting jurors)][F9£1,000]
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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.

N.I.

Schedule 6—Amendments

N.I.

Schedule 7—Repeals

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