8. Any holder of a traditional herbal registration who fails to forward to the licensing authority any data requested by the authority pursuant to the final paragraph of Article 23 of the Directive—
(a)where the licensing authority have served a written notice on the holder under regulation 9(7) in relation to the request, within the time specified in that notice;
(b)where there is no such notice, promptly,
shall be guilty of an offence.