Explanatory Memorandum

Harbours (Northern Ireland) Order 2002

2002 No. 3155

Commentary on Articles

Article 5: Power of Department to obtain information

This Article provides the Department with the power to obtain such information as it may reasonably require from a designated harbour authority by the serving of a notice in writing.  The Article creates an offence where any person in purported compliance with the notice knowingly or recklessly makes any statement or produces any document, which is false.  It allows for a person to be convicted on indictment and to be liable to a fine or to imprisonment or both.  In addition it creates an offence with the same penalties, where any person without reasonable excuse fails to comply with a notice.  The Article relates to information that has come into the possession of the designated harbour authority after the coming into effect of the Order.