Disability Act 2005

Offences.

55

55.—(1) A person who is guilty of an offence under this Act for which no penalty is provided is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.

(2) If the contravention in respect of which a person is convicted of an offence under any provision of this Act is continued after the conviction, the person is guilty of a further offence on every day on which the contravention continues and for each such offence is liable on summary conviction to a fine not exceeding €350.

(3) 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.

(4) Proceedings for a summary offence may be brought and prosecuted by—

(a) the Minister for Health and Children in respect of such offences under Part 2,

(b) the Ombudsman in respect of such offences under section 40,

(c) the Data Protection Commissioner in respect of such offences under Part 4.

Annotations

Modifications (not altering text):

C13

Reference to Data Protection Commissioner construed (25.05.2018, establishment day) by Data Protection Act 2018 (7/2018), s. 14(2), commenced as per subs. (4) and S.I. No. 175 of 2018.

Transfer of functions of Data Protection Commissioner to Commission

14. (1) All functions that, immediately before the establishment day, were vested in the Data Protection Commissioner are transferred to the Commission.

(2) A reference in any enactment or instrument under an enactment to the Data Protection Commissioner or to the Office of the Data Protection Commissioner shall be construed as a reference to the Commission.

...

Editorial Notes:

E15

A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by FInes Act 2010 (8/2010), ss. 3, 5(2) and table ref. no. 1, S.I. No. 662 of 2010.

A fine of €350 translates into a class E fine, not greater than €500, as provided (4.01.2011) by FInes Act 2010 (8/2010), ss. 3, 8(2) and table ref. no. 1, S.I. No. 662 of 2010.