The Apple Orchard Grubbing Up Regulations 1991

Failure to notify

13.—(1) Any person who fails without reasonable excuse to comply with the provisions of regulation 8 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Any information relating to the offence reffered to in paragraph (1) of this regulation which is trable by a magistrates' court in England and Wales may be so tried if it is laid at any time within six years after the commission of the offence and within six months after the relevant date.

(3) Summary proceedings for such an offence may be commenced in Scotland at any time within six years after the commission of the offence and within six months after the relevant date; and for the purposes of this paragraph proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such a warrant is executed without undue delay.

(4) In this regulation “relevant date” means the date on which evidence sufficient in the opinion of the prosecuter to justify proceedings comes to his knowledge.

(5) For the purposes of paragraph (4) of this regulation, a certificate of the prosecuter as to the date on which such evidence as is there mentioned came to his knowledge shall be conclusive evidence of that fact.