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.