Part 2

Conservation and enhancement of natural features
Chapter 4

General and supplementary

Offences: penalties and time limits
46
1
The court must, in determining the amount of any fine to be imposed on a person convicted of an offence under this Part, have regard in particular to any financial benefit which has accrued or is likely to accrue to the person in consequence of the offence.
2
Summary proceedings for an offence under this Part may, subject to subsection (3), be brought within a period of 6 months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor’s knowledge.
3
No such proceedings may be brought more than 3 years—
a
after the commission of the offence, or
b
in the case of a continuous contravention, after the last date on which the offence was committed.
4
A certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the prosecutor’s knowledge is conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed is to be treated as being so signed unless the contrary is proved.
S. 46 applied (with modifications) by S.I. 1994/2716, regs. 19, 22 (as substituted (29.11.2004) by Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20-21))
S. 46 in force at 29.11.2004 by S.S.I. 2004/495, art. 2