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Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations (Northern Ireland) 1997

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Time limits for prosecution of offences

69.—(1) A complaint charging the commission of an offence which is triable summarily under these Regulations may be made at any time within 12 months after the date on which evidence sufficient in the opinion of the relevant authority to justify the proceedings comes to its knowledge.

(2) Paragraph (1) does not authorise a Magistrates' court to hear and determine a complaint charging the commission of a summary offence under these Regulations where the complaint is made more than three years after the commission of the offence.

(3) For the purposes of these Regulations a certificate by the relevant authority as to the date on which such evidence as is referred to above came to its knowledge is conclusive evidence of that fact.

(4) Nothing in this regulation affects proceedings within the time limits prescribed by Article 19(1) of the Magistrates' Courts (Northern Ireland) Order 1981(1) (the usual time limits for criminal proceedings).

(5) In this regulation “relevant authority”, in relation to an offence, means—

(a)in a case where the person instituting proceedings in respect of the offence is a person who, by virtue of regulation 67(1) or (2), may not do so without the consent of the Department or the Director of Public Prosecutions, the Department or the Director of Public Prosecutions; and

(b)in any other case where proceedings are instituted, the person instituting the proceedings.

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