5.—(1) Subject to the provisions of paragraph (2 ) below, any person who—
(a)has done any act under the authority of a licence granted under article 2 or [F1 an EU licence]; and
(b)fails to comply with any condition attaching to that licence,
shall be guilty of an offence.
(2) A person guilty of an offence under paragraph (1) shall be liable—
(a)on summary conviction to a fine of the prescribed sum, and
(b)on conviction on indictment to a fine of any amount, or imprisonment for a term not exceeding 2 years, or to both.
(3) No person shall be guilty of an offence under paragraph (1) where—
(a)the licence condition in question had been previously modified by the Secretary of State; and
(b)the alleged failure to comply would not have been a failure had the licence not been so modified; and
(c)the condition with which he failed to comply was modified, otherwise than with his consent, by the Secretary of State after the doing of the act authorised by the licence.
Textual Amendments
F1Words in art. 5(1)(a) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), art. 2, Sch. 1 para. 5(4) (with art. 3)
Commencement Information