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The Conservation (Natural Habitats, &c.) Regulations 1994
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Changes over time for: Section 46A
Version Superseded: 01/04/2010
Alternative versions:
- 15/02/2007- Amendment
- 21/11/2007- Amendment
- 16/11/2009
Point in time - 01/04/2010- Amendment
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Point in time view as at 16/11/2009. There are multiple versions of this provision on screen. These apply to different geographical extents.This version of this provision has been superseded.
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[F1Offence of breaching licence conditionS
46A.—(1) It is an offence for any person authorised by virtue of a licence granted under regulation 44 on or after 15th May 2007 to contravene, or fail to comply with, any condition imposed on the grant of a licence.
(2) A person shall not be guilty of an offence under paragraph (1) if that person shows that–
(a)that person took all reasonable precautions and exercised all due diligence to avoid commission of the offence; or
(b)the commission of the offence was otherwise due to matters beyond that person's control.
(3) A person guilty of an offence under paragraph (1) is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or to both.]
Extent Information
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F1Reg. 46A inserted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 17
[F2Offence of breaching licence conditionE+W
46A.—(1) It is an offence for any person authorised by virtue of a licence to which this paragraph applies to contravene or fail to comply with any condition which the licence requires him to comply with.
(2) Paragraph (1) applies to a licence granted under regulation 44 on or after 21st August 2007.
(3) A person shall not be guilty of an offence under paragraph (1) if he shows that—
(a)he took all reasonable precautions and exercised all due diligence to avoid commission of the offence; or
(b)the commission of the offence was otherwise due to matters beyond his control.
(4) A person guilty of an offence under paragraph (1) is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.]
Textual Amendments
F2Reg. 46A inserted (E.W.) (21.11.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(21) (with reg. 9)
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