Offences and penalties6

1

A person who contravenes or fails to comply with the provisions of regulations 3(3) or 4(1) or (3) is guilty of an offence.

2

A person found guilty of an offence under paragraph (1) is liable—

a

on summary conviction, to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months or to both; or

b

on conviction on indictment, to a fine or to a term of imprisonment not exceeding two years or to both.

3

In proceedings for an offence in respect of failure to comply with regulation 4 it shall be a defence to prove that the ceramic article to which the offence relates was first placed on the market in the Community before 20th May 2007.