PART 1Product security
CHAPTER 3Enforcement
Enforcement notices
32Failure to comply with enforcement notice
(1)
It is an offence for a person to fail to comply with an enforcement notice.
(2)
It is a defence for a person (“P”) charged with an offence under this section to show that P took all reasonable steps to comply with the notice.
(3)
P is to be taken to have shown the fact mentioned in subsection (2) if—
(a)
sufficient evidence of the fact is adduced to raise an issue with respect to it, and
(b)
the contrary is not proved beyond reasonable doubt.
(4)
P may not rely on a defence under subsection (2) which involves a third party allegation unless P has—
(a)
given a notice to the prosecutor in accordance with this section, or
(b)
obtained the permission of the court.
(5)
In subsection (4) “third party allegation” means an allegation that the failure to comply with the notice was due to—
(a)
the act or omission of another person, or
(b)
P’s reliance on information provided by another person.
(6)
The notice under subsection (4)(a) must give any information in P’s possession which identifies, or may assist in identifying, the person mentioned in subsection (5).
(7)
In the case of proceedings in England and Wales or Northern Ireland, the notice under subsection (4)(a) must be given to the prosecutor no later than 7 clear days before the hearing of the proceedings.
(8)
In the case of proceedings in Scotland, the notice under subsection (4)(a) must be given to the prosecutor—
(a)
where an intermediate diet is to be held, at or before that diet;
(b)
where such a diet is not to be held, no later than 10 clear days before the trial diet.
(9)
A person guilty of an offence under this section is liable—
(a)
on summary conviction in England and Wales, to a fine;
(b)
on summary conviction in Scotland, to a fine not exceeding level 5 on the standard scale;
(c)
on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale.