Destructive Insects and Pests (Amendment) Act, 1991

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Number 4 of 1991


DESTRUCTIVE INSECTS AND PESTS (AMENDMENT) ACT, 1991


ARRANGEMENT OF SECTIONS

Section

1.

“Principal Act”.

2.

Provisions in relation to orders under Principal Act.

3.

Amendment of section 8 of Principal Act.

4.

Penalties.

5.

Offences by directors etc., of bodies corporate.

6.

Repeals.

7.

Short title, collective citation, construction and commencement.


Act Referred to

Destructive Insects and Pests (Consolidation) Act, 1958

1958, No. 11

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Number 4 of 1991


DESTRUCTIVE INSECTS AND PESTS (AMENDMENT) ACT, 1991


AN ACT TO AMEND THE DESTRUCTIVE INSECTS AND PESTS (CONSOLIDATION) ACT, 1958 . [20th March, 1991]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

“Principal Act”.

1.—In this Act “the Principal Act” means the Destructive Insects and Pests (Consolidation) Act, 1958 .

Provisions in relation to orders under principal Act.

2.—(1) A person who contravenes or fails to comply with an order under section 2 or 3 of the Principal Act shall be guilty of an offence.

(2) The power conferred on the Minister to make an order under the said section 2 or 3 shall include power to provide in the order for such incidental, supplementary and consequential provisions as shall appear to the Minister to be necessary for giving full effect to any provision of the order or to secure compliance therewith.

(3) The Minister may by order amend or revoke an order under the said section 2 or 3 (including an order under this subsection).

Amendment of section 8 of principal Act.

3.—Section 8 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (3):

“(3) A person who contravenes or fails to comply with a spraying notice or who obstructs or impedes the Minister or any person duly authorised by the Minister in the exercise of any of the powers conferred by this section shall be guilty of an offence.”.

Penalties.

4.—A person guilty of an offence under section 2 of this Act or section 8 of the Principal Act shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 3 months or to both.

Offences by directors etc., of bodies corporate.

5.—Where an offence under section 2 of this Act or section 8 of the Principal Act is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to have been attributable to any 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 any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

Repeals.

6.—Subsections (2) (e) and (3) of section 3 of the Principal Act are hereby repealed.

Short title, collective citation, construction and commencement.

7.—(1) This Act may be cited as the Destructive Insects and Pests (Amendment) Act, 1991.

(2) The Principal Act and this Act may be cited together as the Destructive Insects and Pests Acts, 1958 and 1991, and shall be construed together as one.

(3) This Act shall come into operation one month after the date of its passing.