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The European Maritime and Fisheries Fund (Grants) (Wales) Regulations 2016

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Offences and penalties

14.—(1) A person is guilty of an offence if—

(a)for the purposes of obtaining financial assistance under these Regulations for themselves or for any other person, that person knowingly or recklessly makes a statement which is false or misleading in a material particular;

(b)in relation to the exercise by the Welsh Ministers of the powers specified in regulation 11(2), that person knowingly or recklessly makes a statement which is false or misleading in a material particular;

(c)without reasonable excuse, that person fails to comply with a requirement imposed by or under regulation 9(1)(b), 9(1)(d) or regulation 10; or

(d)that person intentionally obstructs an authorised person (or a person accompanying and acting under the instruction of an authorised person) acting in the execution of these Regulations.

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

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

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

(3) A person guilty of an offence under paragraph (1)(c) or (d) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(4) Proceedings for an offence under paragraph (1)(c) or (d) may, subject to paragraph (5), be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the prosecutor’s knowledge.

(5) No proceedings for an offence under paragraph (1)(c) or (d) may be commenced more than three years after the date of the commission of the offence.

(6) Where proceedings are instituted for the purposes of paragraph (4)—

(a)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 evidence of that fact;

(b)a certificate stating that matter and purporting to be so signed is deemed to be so signed unless the contrary is proved.

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