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Part VIAdministration, Penalties and Enforcement

Offences and penalties

20.—(1) If any person contravenes—

(a)regulation 9(1); or

(b)regulation 11(1),

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) If any person contravenes—

(a)any other provision of these Regulations; or

(b)a condition imposed by the Department under regulation 5(4),

he shall be guilty of an offence and shall be liable—

(i)on summary conviction, to a fine not exceeding the statutory maximum; or

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

(3) Neither paragraph (1) nor paragraph (2) applies to anything done or omitted by the Department.

(4) A prosecution for an offence under any of the provisions mentioned in paragraph (2) shall not be begun after the expiry of—

(a)three years from the commission of the offence; or

(b)one year from its discovery by the prosecutor,

whichever is the earlier.