Building Control Act, 1990
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Penalties. |
17.—(1) A person guilty of an offence under this Act (other than an offence to which subsection (2) applies) shall be liable on summary conviction to a fine not exceeding £800 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both the fine and the imprisonment and, if the offence is continued on after conviction, such person shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding £150 in respect of each day on which the offence is continued. | |
(2) A person guilty of an offence by reason of a contravention of section 3 (5) or 8 (6) or of an offence in contravention of building control regulations which is declared by such regulations to be an offence to which this subsection applies, shall be liable— | ||
(a) on summary conviction to a fine not exceeding £800, or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment and, if the offence is carried on after conviction, such person shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding £150 per day in respect of each day on which the offence is continued, or | ||
(b) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding two years or to both the fine and the imprisonment. | ||
(3) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence to which subsection (2) relates as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in subsection (2)(a), and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly. | ||
(4) Where an offence under this Act which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of the offence. | ||
(5) Summary proceedings for an offence to which subsection (1) applies may be brought and prosecuted by the building control authority for the functional area in which the offence is alleged to have been committed. | ||
(6) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be instituted within twelve months after the date of the discovery of the offence but not later than five years after the date of the completion of any building or works in respect of which the offence is alleged to have been committed. | ||
(7) Any person who is convicted of an offence under this Act may, at the discretion of the court, be disqualified from signing and submitting certificates of compliance with building regulations for a period— | ||
(a) not exceeding two years from the date of conviction, if the offence is an offence to which subsection (1) or (2) (a) applies, or | ||
(b) not exceeding ten years from the date of conviction, if the offence is an offence to which subsection (2) (b) applies, | ||
and, accordingly, a building control authority shall not accept certificates for registration which are signed by a person while so disqualified. |