Health (Nursing Homes) Act 1990

Provisions in relations to offences.

12

12.F33[(1) Proceedings for a summary offence under this Act may be brought and prosecuted by the Health Service Executive.]

(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence.

(3) 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 or to be 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.

(4) F34[]

Annotations

Amendments:

F33

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 4 item 10(a), S.I. No. 887 of 2004, art. 2(c).

F34

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 4 item 10(b), S.I. No. 887 of 2004, art. 2(c).