Building Societies Act, 1989
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Offences. |
119.—(1) (a) A building society or a person that— | |
(i) has obtained an authorisation through false statements or any other irregular means, | ||
(ii) contravenes section 17 , 18 (3), 25 or 41 , | ||
(iii) commits by act or omission a breach of a condition duly imposed on an authorisation under section 17 or an approval to exercise a power under section 36 , or | ||
(iv) fails to comply with a direction under section 40 , the Fourth Schedule or section 42 or a requirement under section 39 , | ||
shall be guilty of an offence and shall be liable— | ||
(I) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court in the case of an individual, to imprisonment for a term not exceeding 12 months or both, or | ||
(II) on conviction on indictment, to a fine not exceeding £50,000 or, at the discretion of the court in the case of an individual, to imprisonment for a term not exceeding 5 years or both. | ||
(b) If the contravention, breach or failure in respect of which the society or any person was convicted under paragraph (a) is continued after conviction, it or he shall be guilty of a further offence on every day on which the contravention, breach or failure continues and for each such offence the society or person shall be liable on summary conviction to a fine not exceeding £100 or on conviction on indictment to a fine not exceeding £5,000 instead of the penalty specified for the original contravention, breach or failure. | ||
(2) A society or a person that contravenes a requirement of or under this Act shall be guilty of an offence. | ||
(3) (a) A society or any person guilty of an offence under subsection (2), or guilty of an offence under any other provision of this Act for which no penalty is specifically provided, shall be liable— | ||
(i) on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court in the case of an individual, to imprisonment for a term not exceeding 12 months or to both; or | ||
(ii) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court in the case of an individual, to imprisonment for a term not exceeding 3 years or to both. | ||
(b) If the contravention in respect of which a society or person was convicted under paragraph (a) is continued after the conviction it or he shall be guilty of a further offence on every day on which the contravention continues and for each such offence the society or person shall be liable on summary conviction, to a fine not exceeding £50 or, on conviction on indictment, to a fine not exceeding £1,000, instead of the penalty specified for the original contravention. | ||
(4) Summary proceedings in relation to an offence under this Act may be brought and prosecuted by the Director of Public Prosecutions or the Central Bank. | ||
(5) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be instituted within 3 years from the date of the offence. | ||
(6) Where an offence under this Act committed by a society or other body corporate or by a person purporting to act on behalf of the society or other body corporate is proved to have been so committed with the consent, or connivance of, or to be attributable to, or to have been facilitated by, any neglect on the part of any officer or employee of that society or body, that person shall be guilty of the offence. |