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Nottingham City Council Act 2003

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6Offences under Part 2

(1)If any person contravenes subsection (1) of section 4 (Registration of dealers in second-hand goods and premises) or subsection (1), (5), (9) or (10) of section 5 (Information to be kept by registered dealers in second-hand goods) of this Act, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2)If any person contravenes subsection (4) of section 4 he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3)A person registered under section 4 shall be guilty of an offence if, in entering any information in a record kept by him pursuant to section 5—

(a)he makes any statement which he knows is false in a material particular; or

(b)he recklessly makes a statement which is false in a material particular.

(4)A person guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5)A person registered under section 4 shall keep a copy of the certificate of registration displayed in a conspicuous position in or on any premises, vehicle, vessel or stall which—

(a)is situated in the city;

(b)is open to the public; and

(c)is used for the time being for the purposes of the business in respect of which he is so registered,

and, if without reasonable excuse he fails to do so, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6)Any person who, on selling second-hand goods to, or acquiring second-hand goods from, a person registered under section 4, intentionally gives that person—

(a)(in the case of subsections (1)(c)(i) and (5)(a) of section 5) a false name or false address; or

(b)(in the case of sub-paragraphs (ii) and (iii) of subsection (1)(c) and paragraphs (b) and (c) of subsection (5) of section 5) false information where that information is required to enable an entry under any of those paragraphs to be made,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7)A person registered under section 4 who acquires second-hand goods from a person under 16 years of age, whether those goods are offered by that person on his own behalf or on behalf of another person, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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