PLANNING (NORTHERN IRELAND) ORDER 1972

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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 44



44.(1) Subject to this Article, where an enforcement notice has been served on
the person who, at the time when the notice was served on him, was the owner
of the land to which it relates, then, if any steps required by the notice to
be taken (other than the discontinuance of a use of land) have not been taken
within the period allowed for compliance with the notice, that person shall be
guilty of an offence and liable on summary conviction to a fine not exceeding
[#1,000.]

(2) If a person against whom proceedings are brought under paragraph (1) has,
at some time before the end of the period allowed for compliance with the
notice, ceased to be the owner of the land, he shall, upon information duly
laid by him and on giving to the prosecution not less than three clear days'
notice of his intention, be entitled to have the person who then became the
owner of the land (in this Article referred to as the "subsequent owner")
brought before the court in the proceedings.

(3) If after it has been proved that any steps required by the enforcement
notice have not been taken within the period allowed for compliance with the
notice, the original defendant proves that the failure to take those steps was
attributable, in whole or in part, to the default of the subsequent owner

(a)the subsequent owner may be convicted of the offence, and

(b)the original defendant, if he further proves that he took all reasonable
steps to secure compliance with the enforcement notice, shall be acquitted of
the offence.

(4) If, after a person has been convicted under paragraphs (1) to (3), he does
not as soon as practicable do everything in his power to secure compliance
with the enforcement notice, he shall be guilty of a further offence and
liable on summary conviction to a fine not exceeding #50 for each day
following his first conviction on which any of the requirements of the
enforcement notice (other than the discontinuance of a use of land) remain
unfulfilled.

(5) Where, by virtue of an enforcement notice, a use of land is required to be
discontinued, or any conditions or limitations are required to be complied
with in respect of a use of land or in respect of the carrying out of
operations thereon, then if any person uses the land or causes or permits it
to be used or carries out those operations or causes or permits them to be
carried out, in contravention of the notice

(a)he shall be guilty of an offence, and shall be liable on summary conviction
to a fine not exceeding [#1,000]; and

(b)if the use is continued after the conviction, he shall be guilty of a
further offence and liable on summary conviction to a fine not exceeding #50
for each day on which the use is so continued.

(6) Any reference in this Article to the period allowed for compliance with an
enforcement notice is a reference to the period specified in the notice for
compliance therewith or such extended period as may be allowed for compliance
with the notice.

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Northern Irish Legislation

PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 44