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Explanatory Memorandum to Planning Amendment (Northern Ireland) Order 2003

Other changes relating to enforcement

Article 9 ‑ Offence where enforcement notice not complied with

This Article strengthens and clarifies existing provisions concerning offences for not complying with an enforcement notice. The Article provides for an increase in the maximum level of fine, on summary conviction, from £5,000 to £30,000. It also allows, for the first time, for a person to be convicted on indictment for this type of offence. The courts when determining the level of fine shall, in particular, have regard to any financial benefit, which has accrued or appears likely to have accrued, in consequence of the offence. The Article also makes it clear that a person found guilty of an offence, and who continues not to comply with a notice, may be guilty of a further offence, and subsequently, of still further offences until there is compliance with a notice.

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