Pyrite Resolution Act 2013

PART 6

Miscellaneous

Offences and penalties

31. (1) A person who knowingly or recklessly furnishes information—

(a) to the Board in purported compliance with section 15 , 20 or 27 , or

(b) to an appeals officer in purported compliance with section 28 ,

that is false or misleading shall be guilty of an offence and shall be liable on summary conviction to a class A fine.

(2) A person who fails to give notice as required by section 20 (1) or (4) shall be guilty of an offence and shall be liable on summary conviction to a class A fine.

(3) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to the wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first- mentioned offence.

(4) Summary proceedings for an offence under this section may be brought and prosecuted by the Board.

(5) Where a person is convicted of an offence under this section the court, unless it is satisfied that there are special and substantial reasons for not so doing, shall order the person to pay to the prosecutor the costs and expenses, measured by the court, incurred by the prosecutor or other person in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred by the Housing Agency in the carrying out of tests, examinations and analyses.

(6) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under this section may be instituted at any time within 2 years from the date of the alleged commission of the offence.