Civil Registration Act 2004

Prosecution of offences.

71

71.—(1) Proceedings for a summary offence under this Act or a regulation thereunder may be brought and prosecuted by an tArd-Chláraitheoir or F251 [ the Executive ].

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for a summary offence under this Act or a regulation thereunder may be commenced against a person at any time within 12 months from the date on which evidence that, in the opinion of an tArd-Chláraitheoir or F251 [ the Executive ] is sufficient to justify the bringing of the proceedings comes to his, her or its notice.

(3) In proceedings for a summary offence under this Act, a document purporting to be signed by an tArd-Chláraitheoir or a person authorised in that behalf by him, her or F251 [ the Executive ] and to state the date on which evidence referred to in subsection (2) came to his, her or its attention is prima facie evidence of that date and it shall be deemed to have been signed by an tArd-Chláraitheoir or the person authorised as aforesaid and, in case it purports to have been signed by a person so authorised, to have been signed in accordance with the authorisation unless the contrary is shown.

(4) 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 or to be attributable to any neglect on the part of a 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 the offence and be liable to be proceeded against and punished accordingly.

Annotations:

Amendments:

F251

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 28, S.I. No. 887 of 2004.