SCHEDULES
SCHEDULE 1ALTERATION OF PENALTIES FOR CERTAIN OFFENCES UNDER THE MISUSE OF DRUGS ACT 1971
1
In Schedule 4 to the [1971 c. 38] Misuse of Drugs Act 1971—
a
in the entries showing the punishment that may be imposed on persons summarily convicted of offences mentioned in paragraph 2(b) of this Schedule, for “6 months or £200, or both” there shall be substituted “
3 months or £500, or both
”
; and
b
in the entry relating to section 5(2)—
i
for “6 months or £400, or both” (being the maximum punishment on summary conviction of an offence under that section where a Class B drug was involved) there shall be substituted “
3 months or £500, or both
”
; and
ii
for “6 months or £200, or both” (being the maximum punishment on summary conviction of such an offence where a Class C drug was involved) there shall be substituted “
3 months or £200, or both
”
; and
c
in the entries showing the punishment that may be imposed on persons summarily convicted of offences for “12 months” there shall be substituted “
6 months
”
.
2
The offences in that Act of 1971 to which (as provided inF1 Article 4(9)) Article 4(1) does not apply are—
a
offences under section 5(2) (having possession of a controlled drug) where the controlled drug in relation to which the offence was committed was a Class B or Class C drug;
b
offences under the following provisions, where the controlled drug in relation to which the offence was committed was a Class C drug, namely—
i
section 4(2) (production, or being concerned in the production, of a controlled drug);
ii
section 4(3) (supplying or offering a controlled drug or being concerned in the doing of either activity by another);
iii
section 5(3) (having possession of a controlled drug with intent to supply it to another);
iv
section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there);
v
section 12(6) (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs); or
vi
section 13(3) (contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs).
3
In this Schedule “controlled drug”, “Class B drug” and “Class C drug” have the same meaning as in that Act of 1971.
SCHEDULE 2PROVISIONS CREATING OFFENCES FOR WHICH THE FINE REMAINS AT ITS PRESENT LEVEL
1
Any provision of the [1950 c. 13 (N.I.)] Control of Greyhounds Act (Northern Ireland) 1950 (as amended by the [1983 NI 8] Dogs (Northern Ireland) Order 1983)
2
Any provision of the [1952 c. 5 (N.I.)] Foyle Fisheries Act (Northern Ireland) 1952 (as amended by the [1981 NI 7] Fisheries Amendment (Northern Ireland) Order 1981)
Para.3 rep. by 1994 NI 15
4
Any provision of the [1966 c. 17 (N.I.)] Fisheries Act (Northern Ireland) 1966 (as amended by the Fisheries Amendment (Northern Ireland) Order 1981).
Para.5 rep. by 1998 NI 9
6
Any provision of the [1972 c. 4 (N.I.)] Fish Industry Act (Northern Ireland) 1972 (as amended by the Fisheries Amendment (Northern Ireland) Order 1981).
Para.7 rep. by 1986 NI 3
Paras.8, 9 rep. by 1994 NI 15
10
Sections 110(1), 111(1) and 112 of the [1977 c. 37] Patents Act 1977.
Paras.11, 12 rep. by 1994 NI 15
Para.13 rep. by 1995 NI 2
14
Any provision in the [1978 NI 20] Rent (Northern Ireland) Order 1978 (as amended by the [1983 NI 15] Housing (Northern Ireland) Order 1983).
Para.15 rep. by 1990 NI 14
16
Any provision of the [1980 NI 5] Domestic Proceedings (Northern Ireland) Order 1980.
17
Any provision of the [1980 NI 7] Bees (Northern Ireland) Order 1980.
Para.18 rep. by 1993 NI 15
19
Any provision of the [1980 NI 12] Private Streets (Northern Ireland) Order 1980.
Para.20 rep. by 1996 NI 10
21
Any provision of the [1981 NI 3] Housing (Northern Ireland) Order 1981 (as amended by the [1983 NI 15] Housing (Northern Ireland) Order 1983).
22
Article 47(1) of the [1981 NI 10] Weights and Measures (Northern Ireland) Order 1981.
Para.23 rep. by 1998 NI 2
Para.24 rep. by 1994 NI 15
25
Article 85(8) of the [1981 NI 26] Magistrates Courts (Northern Ireland) Order 1981.
26
Any provision of the [1982 NI 10] Probation Board (Northern Ireland) Order 1982.
27
Any provision of the [1982 NI 15] Industrial Development (Northern Ireland) Order 1982.
Paras.28, 29 rep. by 1994 NI 15
30
Any provision of the [1983 NI 8] Dogs (Northern Ireland) Order 1983.
31
Article 8(3) of the [1983 NI 13] Criminal Attempts and Conspiracy (Northern Ireland) Order 1983.
32
Any provision of the Housing (Northern Ireland) Order 1983.
33
Any provision of the Access to the [1983 NI 18] Countryside (Northern Ireland) Order 1983.
34
Article 3(7) of the [1984 NI 2] Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1984.
SCHEDULE 3SPECIAL INCREASES
Statutory provision | Provision creating the offence or setting out the penalty | Present maximum fine | New maximum fine |
|---|---|---|---|
F2. . . | F2. . . | F2. . . | F2. . . |
Belfast Improvement Act 1845 (c. cxlii) | Section 167 as amended by section 39 of the Belfast Improvement Act 1884 (c. xciii) (miscellaneous offences committed in street) | £2 | £200 |
Town Police Clauses Act 1847 (c. 89) | Section 21 (obstruction during public procession) | £2 | £200 |
Section 28 (miscellaneous offences committed in street) | £2 | £200 | |
Section 45 (plying for hire without a licence) | £2 | £500 | |
Section 53 (driver refusing to drive) | £10 | £50 | |
Section 55 (exacting more than legal fare) | £2 | £200 | |
Section 58 (overcharging) | £2 | £200 | |
Towns Improvement (Ireland) Act 1854 (c. 103) | Section 72 (miscellaneous offences committed in street) | £20 | £200 |
Section 80 (plying for hire without a licence) | £2 | £500 | |
Section 83 (driver refusing to drive) | £10 | £50 | |
Section 84 (overcharging) | £2 | £200 | |
Offences against the Person Act 1861 (c. 100) | Section 43 (aggravated assault) | £100 | £500 |
F3. . . | F3. . . | F3. . . | F3. . . |
Street Trading (Regulation) Act (Northern Ireland) 1929 (c. 9) | Section 9(1) (trading without a licence) | £5 | £200 |
Radioactive Substances Act 1948 (c. 37) | Section 7(4) (obstruction of inspectors) | £100 (as amended by Article 9) | £500 |
Section 8(3) (other summary offences under the Act) | £100 | £500 | |
Seeds Act (Northern Ireland) 1965 (c. 22) | Section 8(7) (obstruction) | £20 | £200 |
Section 10 (tampering with samples) | £100 | £1,000 | |
Horticulture Act (Northern Ireland) 1966 (c. 15) | Section 31(2) (penalties for summary offences other than sections 23(1)(e), 27(1) or 30 (5)) | £250 (as amended by Article 9) | £1,000 |
F4. . . | F4. . . | F4. . . | F4. . . |
Census Act (Northern Ireland) 1969 (c. 8) | Section 7(1) (wilful default in performance of duties) | £10 | £200 |
Section 7(2) (miscellaneous offences in respect of returns) | £10 | £200 | |
Section 7(3) (refusal to answer or false answer) | £10 | £200 | |
Section 7(5) (disclosure of information) | £10 | £200 | |
Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24) | Section 69(7)(a) (refusal to attend, produce documents or give evidence before registrar) | £10 | £200 |
Section 70 (general offences by societies) | £10 | £200 | |
F5. . . | F5. . . | F5. . . | F5. . . |
Welfare of Animals Act (Northern Ireland) 1972 (c. 7) | Section 5(5) (obstruction) | £25 | £200 |
Section 22 (poisonous substances) | £50 | £500 | |
F6. . . | F6. . . | F6. . . | F6. . . |
Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14) | Article 9(2) (failure to submit school children for medical or dental inspection) | £10 | £50 |
Tattooing of Minors (Northern Ireland) Order 1979 (NI 10) | Article 3 (tattooing a minor) | £400 | £500 |
Criminal Justice (Northern Ireland) Order 1980 (NI 6) | Article 10(1) (persons found drunk) | £20 | £25 |
F7. . . | F7. . . | F7. . . | F7. . . |
SCHEDULE 4FINES IMPOSED OTHERWISE THAN ON CONVICTION
Statutory provision | Provision imposing the fine | Present maximum fine | New maximum fine |
|---|---|---|---|
F8. . . | F8. . . | F8. . . | F8. . . |
Judgments Enforcement (Northern Ireland) Order 1981 (NI 6) | Article 122(2)(b) (failure to comply with attachment of earnings order) | £100 | £1,000 |
Article 122(3) (failure to comply with attachment of earnings order for a second time) | £400 | £1,000 |
SCHEDULE 5FINES OR OTHER SUMS THAT MAY BE ALTERED UNDER ARTICLE 17
Statutory provision | Provision setting out the fine or other sum | Maximum fine or sum |
|---|---|---|
Summary Jurisdiction Act (Northern Ireland) 1953 (c. 3) | Section 26(1) (amount of malicious damage) | £200 (as amended by Article 13) |
Coroners Act (Northern Ireland) 1959 (c. 15) | Section 20(1) (failure to answer summons to serve as a juror or to give evidence) | £200 |
Section 20(2) (refusal to serve as a juror or to give evidence) | £200 | |
Section 34 (contempt) | £500 | |
County Courts (Northern Ireland) Order 1980 (NI 3) | Article 55(2) (contempt of court) | £500 |
Contempt of Court Act 1981 (c. 49) | Section 14(2) (contempt in an inferior court) | £500 |
Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) | Article 112(6)(a) (disobedience of orders other than payment of money) | £1,000 |
Article 120(1) (refusal to give evidence) | £500 | |
Article 160(2) (misbehaviour in court) | £500 | |
F9Juries (Northern Ireland) Order 1996 | F9Article 26 (defaulting jurors) | F9£1,000 |
Schedule 6—Amendments
Schedule 7—Repeals
1998 c.32