The Conservation (Natural Habitats, &c.) Regulations 1994

[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

[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.]