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Harbours Act (Northern Ireland) 1970

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N.I.Furnishing of Information

28Power of Ministry to obtain information and forecasts.N.I.

(1)For the purpose of obtaining information and forecasts reasonably required by the Ministry in order to allow the Ministry to regulate harbours, assist in their development, promote their efficient use or compile statistics relating to the external trade of Northern Ireland the Ministry may—

(a)by notice in writing served on a person improving, maintaining or managing a harbour, require him to furnish to the Ministry such information or forecasts as may reasonably be specified in the notice;

(b)by notice in writing served on a person carrying out at a harbour, harbour operations of a particular description, not being the person improving, maintaining or managing that harbour, require him to furnish to the Ministry such information or forecasts relating to harbour operations of that description carried out by him at that harbour as may be so specified; or

(c)by notice in writing served on a person (other than a person referred to in paragraph ( a) or ( b)) improving, maintaining or managing a dock or wharf require him to furnish to the Ministry such information or forecasts relating to that dock or wharf as may reasonably be specified in the notice;

and any such notice may require any such information or forecasts to be furnished in such manner and within such time as may be specified in the notice, and either periodically or on one occasion or more.

(2)A person who—

(a)fails to satisfy an obligation to which he is subject by virtue of subsection (1), unless he proves that he had reasonable excuse for the failure; or

(b)in purported compliance with a requirement imposed under subsection (1), gives any information which he knows to be false in a material particular or makes a statement which he knows to be so false or recklessly gives any information which is so false or recklessly makes any statement which is so false;

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding[F1 level 3 on the standard scale].

29Information in relation to grants and loans.N.I.

(1)The Ministry may by notice require any person who has received a grant or loan under this Act, and any person acting on his behalf, to furnish to the Ministry such information, or to produce for examination on behalf of the Ministry, such books, records or other documents, as may be specified in the notice for the purpose of enabling the Ministry to determine whether any condition subject to which the grant or loan is made is satisfied or is being complied with or whether the grant has become repayable in whole or in part, or the loan has become repayable on terms other than the terms on which it would otherwise have been repayable, in accordance with any such condition.

(2)Subject to subsection (3), a notice under subsection (1) may require the information to which it relates to be furnished within such time as may be specified in the notice, and may require the documents to which it relates to be produced at such time and place as may be so specified.

(3)The time specified in a notice under subsection (1) for furnishing any information or producing any document shall not be earlier than the end of the period of twenty-eight days beginning with the service of the notice.

(4)Any person duly authorised in that behalf by the Ministry may for the purposes mentioned in subsection (1), on production (if so required) of written evidence of his authority, at all reasonable times enter and inspect any premises where any plant or equipment in respect of which a grant or loan under this Act has been made is, or in accordance with any condition attached to the grant or loan should be, and require any person appearing to him to have charge of those premises to produce or identify the plant or equipment for inspection.

(5)Any person who in purported compliance with a notice under subsection (1) knowingly or recklessly makes any statement or produces any document which is false in a material particular shall be guilty of an offence and liable—

(a)on summary conviction to a fine not exceeding[F2 level 3 on the standard scale], or to imprisonment for a term not exceeding three months, or to both;

(b)on conviction on indictment to a fine, or to imprisonment for a term not exceeding two years, or to both.

(6)Any person who without reasonable excuse fails to comply with a notice under subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred pounds.

(7)Any person who wilfully obstructs any person in the exercise of a right of entry conferred by subsection (4), or without reasonable excuse fails to comply with a requirement under that subsection, shall be guilty of an offence and liable on summary conviction to a fine not exceeding[F2 level 3 on the standard scale].

(8)Any person who without reasonable excuse fails to comply with any condition subject to which a grant or loan was made to him under this Act requiring him to inform the Ministry of any event whereby the grant or loan becomes repayable in whole or in part or the loan becomes repayable on terms other than the terms on which it would have been repayable if the event had not occurred shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding[F2 level 4 on the standard scale];

(b)on conviction on indictment, to[F2 an unlimited fine].

(9)Summary proceedings for an offence under subsection (8) may be instituted by the Attorney General or the Ministry at any time—

(a)within the period of three years from the commission of the offence; or

(b)within the period of twelve months from the date on which evidence to justify a prosecution for the offence comes to the knowledge of the Attorney General or the Ministry, as the case may be;

whichever period first expires.

(10)For the purposes of subsection (9) a certificate purporting to be signed by the Attorney General as to the date on which such evidence as aforesaid came to his knowledge or to the knowledge of the Ministry shall be prima facie evidence thereof.

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