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INCREASE OF FINES ACT (NORTHERN IRELAND) 1967

INCREASE OF FINES ACT (NORTHERN IRELAND) 1967 - LONG TITLE

An Act to provide for the increase and varying of certain pecuniary
penalties and for matters connected therewith.
[14th December 1967]
Increase of fines.

INCREASE OF FINES ACT (NORTHERN IRELAND) 1967 - SECT 1

1.(1) The enactments specified in column 1 of Part I of the
Schedule (being enactments creating the offences broadly described in
column 2 of that Part of the Schedule) shall each have effect as
if the maximum fine which may be imposed on summary conviction for
any offence specified in that enactment were a fine not exceeding
the amount specified in column 4 of the Schedule instead of a fine
of, or not exceeding, the amount specified in column 3 of the
Schedule.

(2) The enactments specified in column 1 of Part II of the
Schedule (being enactments which confer power to include in
subordinate instruments a provision imposing a fine on summary
conviction for any offence described in column 2 of that Part of
the Schedule) shall each have effect as if the maximum amount of
the fine which may be imposed by any provision contained in such
an instrument and made under that enactment for any offence under
the instrument were that specified in column 4 of the Schedule
instead of that specified in column 3 of the Schedule.

(3) Any subordinate provision in force immediately before the
commencement of this Act under an enactment specified in the said
Part II shall, if it provides that the maximum amount of the fine
which may be imposed on summary conviction for an offence specified
in the provision shall be the amount specified in column 3 of the
said Part II, have effect as if the said maximum amount were the
amount specified in column 4 of the said Part II.

(4) Subsection (3) shall have effect subject to any subordinate
provision made under any enactment specified in the said Part II
after the commencement of this Act and shall not apply to any
provision contained in an order made under section 3 of the Plant
Health Act (Northern Ireland) 1967.

(5) Subsections (1) to (4) shall not affect the power of a court
to impose a penalty for a continuing offence under any enactment
specified in Part I of the Schedule or any subordinate provision
made under an enactment specified in Part II of the Schedule except
where such a penalty is expressly mentioned in column 3 of the
Schedule; nor shall they affect the power of a court to award
imprisonment under any such enactment or provision.

(6) Where any reference is made in column 3 of Part I of the
Schedule to a minimum penalty, the provisions relating to that
minimum penalty and to any mitigation thereof shall cease to have
effect.

(7) In this section, "subordinate provision" means provision contained
in an instrument made under an enactment.

(8) Notwithstanding any provision limiting the amount of the fine
which may be imposed on conviction on indictment for an offence
under any of the following enactments:

(a)section 2 of the Public Bodies Corrupt Practices Act 1889 (giving
or receiving bribes in respect of a public servant's performance of
his duties);

(b)section 1(1) of the Prevention of Corruption Act 1906 (giving or
receiving bribes in respect of an agent's functions in relation to
his principal's affairs, etc.); and

(c)section 27(1) of the Summary Jurisdiction and Criminal Justice Act
(Northern Ireland) 1958 (forgery of a passport and false statements
in procuring a passport);

(9) Nothing in this section shall affect the amount of the fine
which may be imposed on conviction for an offence committed before
the commencement of this Act.

INCREASE OF FINES ACT (NORTHERN IRELAND) 1967 - SECT 2
Consequential amendments.

2.(1) The Governor may, by Order in Council

(a)make such amendments to, and repeals in, the enactments specified
in column 1 of Parts I and II of the Schedule as appear to him
to be necessary as a result of the increase and variation of the
penalties specified in column 3 thereof as are effected by section
1 and by column 4 of the said Parts I and II; and

(b)make such amendments to, and repeals in, the enactments specified
in section 1(8) as appear to him to be necessary as a result of
the provisions of the said section 1(8).

(2) No recommendation shall be made to the Governor in Council to
make an Order in Council under this section unless a draft of the
Order has been laid before Parliament and approved by a resolution
of each House of Parliament.

INCREASE OF FINES ACT (NORTHERN IRELAND) 1967 - SECT 3
Short title.

3.(1) This Act may be cited as the Increase of Fines Act (Northern
Ireland) 1967.

(2) CommencementThe new fines are noted at the relevant enactments