Dormant Accounts Act, 2001

Failure to comply with Act.

27.—(1) Without prejudice to any prosecution that might be brought under this Act, where an inspector's report under section 24 discloses particulars of—

(a) non-compliance by an institution with any provision of this Act, or

(b) a material defect referred to in section 24 (1)(b),

the Minister may, as soon as practicable after receiving the report, give, by notice in writing, directions to the institution aimed at ensuring compliance or rectification of the material defect, as the case may be, subject to any terms and conditions that the Minister may specify in the directions.

(2) (a) An institution that fails to comply with a direction given under subsection (1) shall be guilty of an offence.

(b) It shall be a defence to a prosecution under paragraph (a) for the institution concerned to prove that a direction given under subsection (1) was unreasonable having regard to—

(i) the scope and terms of the provision of this Act that, in the opinion of the inspector, the institution failed to comply with, or

(ii) the nature and consequences of the alleged material defect.