Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022
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Offences and penalties | ||
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60. (1) A person who— | ||
(a) knowingly makes any false or misleading statement in any application, complaint or appeal under this Act or any document required thereunder or otherwise gives false or misleading information to the registration body, the Board or the appeals committee, or | ||
(b) being a registered person, fails to comply with a condition of registration, | ||
shall be guilty of an offence. | ||
(2) A person guilty of an offence— | ||
(a) under section 47 (15), subparagraph (10) of paragraph 2 of Schedule 2 , subparagraph (2) of paragraph 7 of Schedule 2 or paragraph (a) of subsection (1) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months, or both, or | ||
(b) under sections 30 (7), 31 (2), 33 (3), 38 (2) or paragraph (b) of subsection (1) shall be liable— | ||
(i) on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months, or both, or | ||
(ii) on conviction on indictment to a fine not exceeding €500,000, or imprisonment for a term not exceeding 12 months, or both. | ||
(3) The Board may bring and prosecute summary proceedings for an offence under this Act. | ||
(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under this Act to which that provision applies may be instituted— | ||
(a) within 12 months from the date on which the offence was committed, or | ||
(b) within 6 months from the date on which evidence sufficient, in the opinion of the person instituting the proceedings, to justify proceedings comes to that person’s knowledge, whichever is the later, provided that no such proceedings shall be commenced later than 5 years from the date on which the offence concerned was committed. | ||
(5) For the purposes of subsection (4)(b), a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence referred to in that subsection came to his or her knowledge shall be evidence of that date and, in any legal proceedings, a document purporting to be a certificate under this subsection and to be so signed shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown. | ||
(6) It shall be presumed, until the contrary is shown, that proceedings for an offence under this Act were commenced within the appropriate period. |