Planning and Development Act 2024
|
Provisions relating to offences | ||
|
578. (1) A person who is guilty of an offence under this Part (other than an offence under subsection (8) of section 577 ) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months, or both. | ||
(2) Proceedings for an offence under section 574 shall not be instituted except by or with the consent of the Director of Public Prosecutions. | ||
(3) Where— | ||
(a) a person is convicted of an offence under section 574 , and | ||
(b) the person is a member of— | ||
(i) a planning authority, or | ||
(ii) a committee of a planning authority, | ||
the person shall on conviction cease to be a member of the planning authority or committee of a planning authority, as the case may be. | ||
(4) Where a person by virtue of subsection (3) ceases to be a member of any planning authority or committee of a planning authority, as the case may be, he or she shall be disqualified from being a member of that— | ||
(a) planning authority during the period which, but for the cessation of his or her membership under this section, would be the remainder of his or her term, or | ||
(b) committee of a planning authority during the period which, but for the cessation of his or her membership under this section, would be the remainder of his or her term or during a fixed period of 5 years, whichever is the longer period. | ||
(5) A disqualification under this section shall take effect on the expiry of the ordinary time for appeal from the conviction concerned or, if an appeal is brought within that time, upon the final disposal of that appeal. | ||
(6) Where a person contravenes or fails to comply with a requirement of section 574 , or acts as a member of a planning authority or committee of a planning authority, as the case may be, while disqualified for membership by virtue of this section, the fact of the contravention or failure or of his or her so acting, as the case may be, shall not invalidate any act or proceeding of the planning authority or committee of a planning authority, as the case may be. |