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Fish Industry Act (Northern Ireland) 1972

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7 F1Conditions.N.I.

(1)F2. . . in making a grantF2. . . in accordance with a scheme or under an order under this Act the Ministry shall impose such conditions as it thinks fit; and, without prejudice to sections 5(1)( b) and 6( f), such conditions may includeF2. . . conditions for repayment in specified circumstances.

(2)The Ministry may by notice require any person who has received a grantF2. . . in accordance with a scheme or under an order 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 grantF2. . . is made is satisfied or is being complied with or whether the grant has become repayable in whole or in partF2. . . in accordance with any such condition.

(3)Subject to subsection (4), a notice under subsection (2) 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.

(4)The time specified in a notice under subsection (2) 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.

(5)Any person duly authorised in that behalf by the Ministry may for the purposes mentioned in subsection (2), on production (if so required) of written evidence of his authority, at all reasonable times enter and inspect any premises where any equipment or facility in respect of which a grantF2. . . in accordance with a scheme under this Act has been made is, or in accordance with any condition attached to the grantF2. . . should be, and require any person appearing to him to have charge of those premises to produce or identify the equipment or facility for inspection.

(6)Any person who in purported compliance with a notice under subsection (2) knowingly or recklessly makes any statement or produces any document which is false in a material particular shall be guilty of an offence and shall be liable—

(a)on summary conviction to a fine not exceeding [F3 £500], 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.

(7)Any person who without reasonable excuse fails to comply with a notice under subsection (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F3 £500].

(8)Any person who wilfully obstructs any person in the exercise of a right of entry under subsection (5), or without reasonable excuse fails to comply with a requirement under that subsection, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F3 £500].

(9)Any person who without reasonable excuse fails to comply with any condition subject to which a grantF2. . . was made to him in accordance with a scheme or under an order under this Act requiring him to inform the Ministry of any event whereby the grantF2. . . becomes repayable in whole or in partF2. . . shall be guilty of an offence and shall be liable—

F3[(a)on summary conviction to a fine not exceeding £500;

(b)on conviction on indictment to[F4 an unlimited fine] or three times the amount so repayable, whichever is the greater.]

Subs.(10)(11) rep. by 1980 NI 6

F1functions transf. by SR 2003/163

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