C1C2 PART IIWASTE ON LAND

Annotations:
Modifications etc. (not altering text)

F1Provisions relating to offences under Articles 4 and 5

Annotations:
Amendments (Textual)
F1

Art. 5B and preceding cross-heading inserted (25.6.2007) by Waste (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/611 (N.I. 3)), arts. 1(3), 6(1) (with art. 6(2)); S.R. 2007/294, art. 2, Sch.

Article 4 and 5 offences: investigation and enforcement costs5B

1

This Article applies where a person is convicted of—

a

an offence under Article 4 in respect of a contravention of paragraph (1) of that Article; or

b

an offence under Article 5 in respect of a failure to comply with paragraph (1) of that Article.

F22

The court by or before which the offender is convicted may make an order requiring him to pay—

a

to the Department or a district council a sum which appears to the court not to exceed the costs arising from investigations of the Department or the district council which resulted in the conviction; and

b

to the Department a sum which appears to the court not to exceed the costs arising from the seizure by the Department under Article 5E of a vehicle involved in the offence.

3

The costs arising from the seizure of a vehicle as specified in paragraph (2)(b) may include the cost of disposing of the contents of the vehicle.

4

The power of a court to make an order under this Article is in addition to its power to make an order under section 2 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (award of costs against accused).