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The Conservation (Natural Habitats, &c.) Regulations 1994
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Changes over time for: Section 102
Version Superseded: 01/04/2010
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Proceedings for offences: venue, time limitsS
102.—(1) An offence under Part III of these Regulations shall, for the purposes of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.
(2) Summary proceedings [F1for any such offence] may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.
But no such proceedings shall be brought by virtue of this paragraph more than [F2three] years after the commission of the offence [F3or, in the case of a continuous contravention, after the last date on which the offence was committed].
(3) For the purposes of paragraph (2) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Extent Information
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F1Words in reg. 102(2) substituted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 19(a) (with regs. 20, 21)
F2Word in reg. 102(2) substituted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 19(b) (with regs. 20, 21)
F3Words in reg. 102(2) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 19(c) (with regs. 20, 21)
Commencement Information
I1Reg. 102 in force at 30.10.1994, see reg. 1(2)
Proceedings for offences: venue, time limitsE+W
102.—(1) An offence under Part III of these Regulations shall, for the purposes of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.
(2) Summary proceedings for [F4any such offence] may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.
F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
But no such proceedings shall be brought by virtue of this paragraph more than two years after the commission of the offence.
(3) For the purposes of paragraph (2) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Extent Information
E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F4Words in reg. 102(2) inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(59)(a) (with reg. 9)
F5Reg. 102(2)(a)(b) omitted(E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(59)(b) (with reg. 9)
Commencement Information
I2Reg. 102 in force at 30.10.1994, see reg. 1(2)
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