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Changes over time for: Section 40
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 01/01/2006.
Changes to legislation:
There are currently no known outstanding effects for the The Official Feed and Food Controls (Scotland) Regulations 2005, Section 40.
Changes to Legislation
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Time limit for commencement of prosecutions (imports)S
This section has no associated Executive Note
40.—(1) No prosecution for an offence under this Part of these Regulations which is punishable under regulation 39(2) shall be begun after the expiry of–
(a)3 years from the commission of the offence; or
(b)1 year from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings came to the knowledge of the prosecutor,
whichever is the earlier.
(2) 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 prosecutor's opinion to warrant the proceedings came to the knowledge of the prosecutor, shall be conclusive evidence of that fact.
(3) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
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