The Dairy Produce Quotas (Wales) Regulations 2002 (revoked)

Offences and criminal penalties E+W

32.—(1) Any person who fails without reasonable excuse to comply with a requirement imposed on him or her by or under these Regulations or the Community legislation, or who, without prejudice to the generality of the foregoing—

(a) fails to comply with a requirement made pursuant to regulation 28(1);

(b) in connection with these Regulations or the Community legislation—

(i) makes or causes to be made a statement, or uses or causes to be used a document, which he or she knows to be false in a material particular, or

(ii) recklessly makes or causes to be made a statement, or recklessly uses or causes to be used a document, which is false in a material particular;

or

(c) disposes of quota which he or she knows or might reasonably be expected to know is incorrectly registered in his or her name, shall be guilty of an offence, and shall be liable—

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

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

(2) The National Assembly may, following any conviction under paragraph (1)(b) against which there is no subsisting right of appeal or further appeal, by notice served on the person to whose quota that conviction relates, withdraw from him or her such quota as may reasonably be regarded by the National Assembly as obtained by him or her by reason of the falsehood upon which the conviction was founded.

(3) A notice served under paragraph (2) must be served within the period of twelve months beginning with the first day on which such notice may be served.

(4) Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity, he or she as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(5) Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

(6) In paragraphs (4) and (5) above the references to a “body corporate” include a partnership in Scotland and, in relation to such partnership, any reference to a director or other officer of a body corporate is a reference to a partner.

(7) In this regulation “requirement” does not include a requirement or restriction imposed on the National Assembly or a person acting as arbitrator, nor does it include any restriction or obligation in or under regulation 8(5) or (7), 10(1), 14(4) or 17(2).