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Part IE+W Building Regulations

Modifications etc. (not altering text)

C3Pt. I (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)

C4Pt. I (ss. 1-46) excluded (18. 12. 1996) by 1996 c. 61, s. 38, Sch. 10 para.7PPt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))

C5Pt. I (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8

Breach of building regulationsE+W

[F135ATime limit for prosecution for contravention of F2... building regulationsE+W

(1)Despite anything in section 127(1) of the Magistrates' Courts Act 1980 (c. 43), an information relating to [F3an offence under section 35 above] may be tried by a magistrates' court if it is laid at any time—

(a)within the period of two years beginning with the day on which the offence was committed, and

(b)within the period of six months beginning with the relevant date.

F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (1)(b) above, “ the relevant date ” means the date on which evidence sufficient to justify the proceedings comes to the knowledge of the person commencing the proceedings.

(5)In the case of proceedings commenced by a local authority—

(a)evidence is to be regarded for the purposes of subsection (4) above as sufficient to justify the proceedings if in the opinion of the proper officer or an authorised officer it is sufficient to justify the proceedings, and

(b)a certificate of the proper officer or, as the case may be, that authorised officer as to the date on which evidence which, in his opinion, was sufficient to justify the proceedings came to the knowledge of the person commencing the proceedings is to be conclusive evidence of that fact.

F6(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments