Section 17 | Failure to comply with order of Tribunal.

(1)Subsection (3) below applies where the Tribunal determines that a person (in this section referred to as “the respondent”)—

(a)has failed to comply with a requirement to attend before the Tribunal included in an order under section 16(3) of this Act, or

(b)has failed to comply to the satisfaction of the Tribunal with any term included in such an order by virtue of section 16(4)(a) or (b) of this Act.

(2)The Tribunal shall not make a determination under subsection (1) above until the end of the period within which notice of an appeal to the Court of Appeal under section 18 of this Act against the order in question may be given or, if notice of such an appeal is given within that period, until the appeal is abandoned or determined.

(3)Where this subsection applies, the President or Vice-President may—

(a)certify the failure to the High Court, or

(b)require the respondent to pay to the Department a pecuniary penalty of an amount not exceeding £30,000.

(4)Where the President or Vice-President has certified a failure under subsection (3)(a) above, the High Court may deal with the respondent as if the relevant order of the Tribunal had been an order of the High Court.

(5)The Judgments Enforcement (Northern Ireland) Order 1981 shall apply with the necessary modifications in relation to a penalty imposed under subsection (3)(b) above as it applies to a sum due to the Crown under a money judgment (within the meaning of that Order).

(6)If it appears to the Department that there has been a change in the value of money since the relevant date, it may by order substitute for the sum for the time being specified in subsection (3)(b) above such other sum as appears to it to be justified by the change.

(7)In subsection (6) above “the relevant date” means—

(a)in relation to the first order under that subsection, the commencement of this section, and

(b)in relation to each subsequent order, the last occasion when the sum specified in subsection (3)(b) above was altered.

(8)The Department shall pay into the Consolidated Fund of Northern Ireland any sums received in respect of penalties under this section.