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The Conservation (Natural Habitats, &c.) Regulations 1994
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[F1Proceedings for offences: venue, time limitsE+W+S
102.—(1) An offence under Part III of these Regulations shall, for the purposes of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.
(2) Summary proceedings [F2for any such offence] [F3(other than for an offence under regulation 39 or 41)] may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.
But no such proceedings shall be brought by virtue of this paragraph more than [F4three] years after the commission of the offence [F5or, in the case of a continuous contravention, after the last date on which the offence was committed].
(3) For the purposes of paragraph (2) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.]
Textual Amendments
F1Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)
F2Words in reg. 102(2) substituted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 19(a) (with regs. 20, 21)
F3Words in reg. 102(2) inserted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 9(4), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F4Word in reg. 102(2) substituted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 19(b) (with regs. 20, 21)
F5Words in reg. 102(2) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 19(c) (with regs. 20, 21)
Commencement Information
I1Reg. 102 in force at 30.10.1994, see reg. 1(2)
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