Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022

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Offences and penalties

52. (1) A person who furnishes information—

(a) to a designated local authority in purported compliance with this Act,

(b) the Housing Agency in purported compliance with this Act, or

(c) an Appeal Board in purported compliance with Part 5 ,

that is false or misleading, knowing it to be false or misleading or being reckless as to whether it is false or misleading, shall be guilty of an offence.

(2) A person who is guilty of an offence under subsection (1) is liable—

(a) on summary conviction to a class A fine, or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

(3) A person who without reasonable excuse—

(a) refuses to comply with a requirement of an authorised officer under section 43 ,or

(b) obstructs or impedes an authorised officer in the exercise of any of the powers referred to section 43 ,

shall be guilty of an offence.

(4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months, or both.

(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 doing so, shall order the person to pay to the prosecutor the costs and expense, measured by the court, incurred by the prosecutor or other person in relation to the investigation, detection and prosecution of the offence, including costs incurred in respect of the remuneration and other expenses of the Housing Agency or designated local authority in the carrying out of the tests, examinations and analyses.

(6) A person shall not be eligible to apply for a remediation option grant under section 13 where he or she is convicted of an offence under subsection (1).