Insurance Act, 2000
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Amendment of section 3 of Act of 1989 (Offences and penalties). |
4.—Section 3 of the Act of 1989 is hereby amended by the substitution of the following for subsection (2): | |
“(2) A person guilty of an offence under this Act shall be liable— | ||
(a) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months, or to both, or | ||
(b) on conviction on indictment, to a fine not exceeding £50,000 or to imprisonment for a term not exceeding 5 years, or to both. | ||
(2A) Where a person, after conviction for an offence under this Act, continues to contravene the provision concerned, such person shall be guilty of an offence on every day on which the contravention continues and for each such offence shall be liable to a fine— | ||
(a) on summary conviction, not exceeding £200, or | ||
(b) on conviction on indictment, not exceeding £5,000. | ||
(2B) Summary proceedings for an offence under this Act may be brought by the Minister. | ||
(2C) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under the Insurance Acts may be commenced— | ||
(a) at any time within 2 years from the date on which the offence was committed, or | ||
(b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings, comes to such 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 | ||
(2D) Where a person is convicted of an offence under the Insurance Acts the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Minister the costs and expenses, measured by the court, incurred by the Minister in relation to the investigation, detection and prosecution of the offence.”. |