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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
There are effects on this legislation that have not yet been applied to SLD for the following year: 2007. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.
Northern Ireland Orders in Council
[29th September 1978]
1. This Order may be cited as the Theft (Northern Ireland) Order 1978 … Commencement …
2. The Interpretation Act (Northern Ireland) 1954 M1 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
M11954 c.33
3. F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Art. 3 repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 1(d)(i), Sch. 3 (with Sch. 2 para. 3); S.I. 2006/3200, art. 2
4. F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Art. 4 repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 1(d)(ii), Sch. 3 (with Sch. 2 para. 3); S.I. 2006/3200, art. 2
5.—(1) Subject to paragraph (3), a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence.
(2) For purposes of this Article “payment on the spot” includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.
(3) Paragraph (1) shall not apply where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable.
(4) Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, committing or attempting to commit an offence under this Article.
6.—(1) Offences under this Order shall be punishable either on conviction on indictment or on summary conviction.
(2) A person convicted on indictment shall be liable—
(a)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)for an offence under Article 5, to imprisonment for a term not exceeding two years.
(3) A person convicted summarily of any offence under this Order shall be liable to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both.
F1Art. 6(2)(a) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 16, Sch. 3; S.I. 2006/3200, art. 2
7.—(1) F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Sections 29(1) (effect on civil proceedings) and 32 (interpretation) of the Act of 1969, so far as they are applicable in relation to this Order, shall apply as they apply in relation to that Act.
Para.(3) amends sch. to 1952 c.67; para.(4) repeals s.16(2)(a) of 1969 c.16 (NI)
F1Art. 7(1) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 17, Sch. 3; S.I. 2006/3200, art. 2
Theft (Northern Ireland) Order 1978