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3(1)If an electricity supplier supplies electricity through a meter which is used for ascertaining the quantity of electricity supplied and—
(a)is not of an approved pattern or construction or is not installed in an approved manner; or
(b)in the case of a meter to which paragraph 2(1)(b) above applies, is not certified under paragraph 5 below,
he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2)Where the commission by any person of an offence under this paragraph is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this sub-paragraph whether or not proceedings are taken against the first-mentioned person.
(3)In any proceedings in respect of an offence under this paragraph it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(4)No proceedings shall be instituted in England and Wales in respect of an offence under this paragraph except by or on behalf of the Director.
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