The Surplus Food Regulations 1995

Prosecutions

5.—(1) Proceedings for an offence under these Regulations shall not in England and Wales or in Northern Ireland be instituted except by an enforcement authority.

(2) Proceedings in England and Wales and in Northern Ireland for an offence under regulation 4(1) or (2) above may, subject to paragraph (4) below, be brought within a period of six months from the date on which evidence sufficient in the opinion of the enforcement authority to justify proceedings comes to its knowledge.

(3) Proceedings in Scotland for an offence under regulation 4(1) or (2) above may, subject to paragraph (4) below, be commenced within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to his knowledge.

(4) No such proceedings shall be brought, or commenced, by virtue of this regulation, more than twelve months after the commission of the offence.

(5) A certificate signed—

(a) for the purposes of paragraph (2) above, by or on behalf of the enforcement authority, or

(b) for the purposes of paragraph (3) above, by or on behalf of the prosecutor,

and stating the date on which evidence sufficient to justify proceedings came to the knowledge of that enforcement authority or that prosecutor (as the case may be) shall be conclusive evidence of that fact.

(6) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

(7) In relation to proceedings in Scotland, subsection (3) of section 331 of the Criminal Prosecution (Scotland) Act 1975(1) (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.

(1)

1975 c. 21.