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8.—(1) A person who fails to comply with any provision of regulation 5 above is guilty of an offence and liable–
(a)on summary conviction, to imprisonment for a term not exceeding 3 months or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
(2) The powers conferred by subsection (1) of section 23 of the Misuse of Drugs Act 1971(1) shall be exercisable also for the purposes of the execution of regulation 5 above and subsection (3) of that section (excluding paragraph (a)) shall apply also to the offence under paragraph (1) above, taking references in those subsections to controlled drugs as references to scheduled substances.
(3) The reference in paragraph (1) above to a person who fails to comply with any provision in regulation 5 above includes a person, who in purported compliance with any such provision–
(a)furnishes information which he knows to be false in a material particular; or
(b)recklessly furnishes information which is false in a material particular.
1971 c. 38. Section 23 of the 1971 Act was amended by the insertion of subsection (3A), by section 23(4) of the Criminal Justice (International Co–operation) Act 1990 (c. 5).
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