SCHEDULE 1 Supplementary Provisions in Connection with Proceedings for Offences under Sections 15A, 17 and 18(4)
Proceedings in Great Britain
F16
(1)
An accused who in any proceedings for an offence under section 15A, 17 or 18(4) of this Act wilfully applies to equipment, information, a helmet or, as the case may be, an appliance a warranty not given in relation to it is guilty of an offence.
(2)
A person who, in respect of equipment, a helmet or an appliance sold by him, or information provided by him, being equipment, a helmet, an appliance or information in respect of which a warranty might be pleaded under paragraph 5 of this Schedule, gives to the purchaser a false warranty in writing, is guilty of an offence, unless he proves that when he gave the warranty he had reason to believe that the statements or description contained in it were accurate.
(3)
Where the accused in a prosecution for an offence under section 15A, 17 or 18(4) of this Act relies successfully on a warranty given to him or his employer, any proceedings under sub-paragraph (2) above in respect of the warranty may, at the option of the prosecutor, be taken before a court having jurisdiction in the place—
(a)
where the equipment, helmet or appliance, or any of the equipment, helmets or appliances, to which the warranty relates was procured;
(b)
where the information, or any of it, to which the warranty relates was provided; or
(c)
where the warranty was given.