Local Government (Charges) Act 2009

12.

Offences and penalties.

12.— (1) A person guilty of an offence under section 5 shall be liable on summary conviction to a fine not exceeding €2,000.

(2) A person who is convicted of an offence under section 5 shall, on each day on which the contravention of which that offence consists is continued by the person after having been so convicted, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €100.

(3) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted not later than 2 years from the date on which F23 [ the relevant local authority forms the opinion that there exists sufficient evidence to justify the institution of proceedings for the offence concerned, ] but in no case shall such proceedings be commenced later than 6 years from the date on which the offence concerned was committed.

(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 of F24 [ ] any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(5) Summary proceedings for an offence under this Act may be brought and prosecuted by the relevant local authority for the residential property to which the offence relates.

(6) Where a person is convicted of an offence under this Act, the court shall order the person to pay to the local authority concerned the costs and expenses, measured by the court, incurred by the local authority in relation to the investigation, detection and prosecution of the offence, unless the court is satisfied that there are special and substantial reasons for not so doing.

F25 [ (7) Where a person is convicted of an offence under either subsection (5) or subsection (7) (in so far as either subsection relates to paragraph ( c ) of subsection (2)) of section 5, the court may, in determining the amount of the fine to impose on the person in respect of that offence, take account of any late payment fee or late payment interest, or both, paid by the person in connection with the failure to pay the household charge to which the offence relates. ]

Annotations:

Amendments:

F23

Substituted (1.01.2012) by Local Government (Household Charge) Act 2011 (36/2011), s. 19(1)(m)(i), in effect as per s. 19(3).

F24

Deleted (1.01.2012) by Local Government (Household Charge) Act 2011 (36/2011), s. 19(1)(m)(ii), in effect as per s. 19(3).

F25

Inserted (1.01.2012) by Local Government (Household Charge) Act 2011 (36/2011), s. 19(1)(m)(iii), in effect as per s. 19(3).