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Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995


This is the original version (as it was originally made).


Prosecution of offences

43.—(1) In all cases of prosecutions for offences under Article 20(6) or Part III the complaint may, notwithstanding anything contained in Article 19(1) of the Magistrates' Courts (Northern Ireland) Order 1981(1), be made within 3 years from the commission of the offence or within 6 months from the date when evidence sufficient, in the opinion of the Department, to justify a prosecution for the offence, came to the knowledge of the Department, whichever period first expires.

(2) For the purposes of paragraph (1), a certificate purporting to be signed by an Assistant Secretary of the Department as to the date on which such evidence as is referred to in that paragraph came to the knowledge of the Department shall be evidence of that date.

Regulations and orders

44.—(1) Regulations and orders under this Order (other than an order under Article 13) shall be subject to negative resolution.

(2) The Department shall consult the Historic Monuments Council before making any regulations under paragraph 1 or 2 of Schedule 1.

Amendments and repeals

45.—(1) The statutory provisions set out in Schedule 3 shall have effect subject to the amendments specified in that Schedule.

(2) The statutory provisions set out in Schedule 4 are hereby repealed to the extent specified in the third column of that Schedule.

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