Information as to ownership of land

article 14(2) of Housing (Northern Ireland) Order 1981

• Revoked
• Requires proof of a state of mind
• Summary only
• Housing, planning, heritage and land

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 Any person who, having been required by the Executive in pursuance of this Article to give to it any information, fails to give that information, or knowingly makes any misstatement in respect thereof, shall be guilty of an offence and shall be liable on summary conviction to

a fine not exceeding £1,000.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds

a person

Conduct

making a false or misleading statement

Fault element

Requires proof of a state of mind

Burden of proof

No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (knowingly).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly.

What would breach article 14(2)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

1. Entering a figure on a form or return that is known to be wrong under the Housing (Northern Ireland) Order 1981.
2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial

Summary only — tried in a magistrates’ court

Maximum fine

£1,000

Maximum prison (summary)

Not determined

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

• Environmental offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 July 2014

  Covers unauthorised or harmful deposit, treatment or disposal of waste, illegal discharges to air, land and water, and the equivalent offences committed by organisations. It is the guideline that introduced turnover bands for corporate fines, so the size of the defendant company is a starting point rather than a mitigating detail.

• Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017

  The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.

• General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019

  The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.

• Totality: definitive guideline All courts in England and Wales

  How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status

Revoked

Revoked by

The Competition Act 1998 (Transitional, Consequential and Supplemental Provisions) Order 2000

Revoked on

1 March 2000

Made

10 February 1981

In force from

Not determined

Extent

N.I.

How this was established: the instrument was revoked by a later instrument found in this corpus.

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Housing (Northern Ireland) Order 1988 Lords · 31 October 1988

  Noble Lords may know that at present responsibility for the accommodation needs of the homeless is shared between the four area health and social services boards, which have discretionary powers under the Health and Personal Social Services Order 1972 to provide temporary accommodation for homeless people, and the Housing Executive, which has general powers to meet housing need under the Housing (Northern Ireland)…

• Value Added Tax: Buildings And Land Commons · 12 July 1989

  No. 17, in page 168, line 10, leave out `notification of the election shall be' and insert `shall not have effect unless written notification of it is'. No. 18, in page 168, line 17, after 'above', insert 'and this paragraph'. No. 19, in page 168, line 18, leave out 'that paragraph' and insert 'paragraph 2 above'. No. 20, in page 168, line 30, at end insert— '(6) In paragraph 2 above "registered housing…

• Registered Social Landlords: Treatment Of Certain Leases Granted Between 1St January 1990 And 27Th March 2000 Commons · 1 July 2003

  (8) The reference in subsection (1) above to the landlord's interest being held by a "registered social landlord" is to its being held by a body that— (a) is registered in a register maintained under— (i) Article 124 of the Housing (Northern Ireland) Order 1981 (S.I.1981/156(N.I.3)), (ii) section 3(1) of the Housing Associations Act 1985 (c. 69), (iii) Article 14 of the Housing (Northern Ireland) Order 1992…

• Immigration Bill Commons · 30 January 2014

  (i) Chapter 4 of Part 2 of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3)), or

Other offences in the same instrument

• Penalty for obstructionarticle 160(1)
• Recovery of possession of buildings subject to clearance or demolition orderarticle 36(3)
• Use of premises in contravention of closing orderarticle 40
• Where the person upon whom a repair notice in respect of a house has been served intentionally fails to…article 41B(1)

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis

the provision says a person is “guilty of an offence”; the provision states liability on summary conviction; the provision states a penalty in older drafting

Confidence

0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source

• This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
• Housing (Northern Ireland) Order 1981 Every offence this instrument creates, and its explanatory note
• Housing, planning, heritage and landOther offences on the same subject
• Offences created in 1981