The Single Common Market Organisation (Emergency Aid for Milk Producers) Regulations 2015

Offences and penalties

11.—(1) It is an offence for any person (“A”) to—

(a) intentionally obstruct any person acting in the execution of these Regulations (“B”);

(b) without reasonable cause, proof of which lies with A, fail to give B any assistance or information that B may reasonably require under these Regulations;

(c) knowingly or recklessly furnish to B any information that is false or misleading in any material particular.

(2) A person guilty of an offence under paragraph (1)(a) or (b) is liable—

(a) in England and Wales, on summary conviction to a fine;

(b) in Scotland, on summary conviction to a fine not exceeding level 5 on the standard scale;

(c) in Northern Ireland, on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) A person guilty of an offence under paragraph (1)(c) is liable—

(a) on summary conviction—

(i) in England and Wales, to a fine or to imprisonment for a term not exceeding three months, or both;

(ii) in Scotland and Northern Ireland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or to both;

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

(4) Subject to paragraph (5), for an offence under paragraph (1) proceedings must be brought within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings came to the prosecutor’s knowledge.

(5) No proceedings for an offence under paragraph (1) may begin more than two years after the date of the commission of the offence.

(6) 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 opinion of the prosecutor, to justify the proceedings came to their knowledge is conclusive of that fact.

(7) Subject to paragraph (5), in relation to proceedings in Scotland, section 136(3) of the Criminal Procedure (Scotland) Act 1995(1) (date of commencement of proceedings) applies for the purposes of this regulation as it applies for the purposes of that section.

(1)

1995 c. 46.