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Planning Act (Northern Ireland) 2011

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Information as to estates in landN.I.

This section has no associated Explanatory Notes

240—(1) For the purpose of enabling a council [F1the Department for Infrastructure or the Department for Communities] to make an order or issue or serve a notice or other document which by any of the provisions of this Act a council [F1the Department for Infrastructure or the Department for Communities] is authorised or required to make, issue or serve, the council [F1the Department for Infrastructure or the Department for Communities] may by notice in writing require the occupier of any premises and any person who, either directly or indirectly, receives rent in respect of any premises to give, in writing, within 21 days after the date on which the notice is served, or such longer time as may be specified in the notice or as the council [F2or the Department for Infrastructure or the Department for Communities, as the case may be] may allow, such information as to the matters mentioned in subsection (2) as may be specified.

(2) The matters referred to in subsection (1) are—

(a)the nature of the estate in the premises of the person on whom the notice is served;

(b)the name and postal address of any other person known to that person as having an estate in the premises;

(c)the purpose for which the premises are being used;

(d)the time when that use began;

(e)the name and postal address of any person known to the person on whom the notice is served as having used the premises for that purpose; and

(f)the time when any activities being carried out on the premises began.

(3) Any person who, without reasonable excuse, fails to comply with a notice served on that person under subsection (1), shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) Any person who having been required by a notice under subsection (1) to give any information knowingly makes any misstatement in respect of that information shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.

Textual Amendments

Modifications etc. (not altering text)

C1S. 240: transfer of functions (8.5.2016 for specified purposes) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 1 (with art. 9(2))

C2S. 240: transfer of functions (8.5.2016 for specified purposes) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))

Commencement Information

I1S. 240 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1

I2S. 240 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

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