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Offences and penalties

7.—(1) Any person who contravenes regulation 3 or knowingly contravenes the requirements of a notice given under regulation 6(2)(a) is guilty of an offence.

(2) Any person guilty of an offence under this regulation is liable–

(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 3 months or to both; or

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.

(3) No prosecution for an offence under paragraph (1) shall be begun after the expiry of–

(a)3 years from the commission of the offence; or

(b)1 year from the date on which evidence sufficient in the prosecutor’s opinion to warrant the proceedings came to the prosecutor’s knowledge,

whichever is the earlier.

(4) For the purposes of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in the prosecutor’s opinion to warrant the proceedings came to the prosecutor’s knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.