The Forest Reproductive Material (Great Britain) (Amendment) Regulations 2006

Amendment to regulation 30

11.—(1) For regulation 30(2), substitute—

“(2) Proceedings for an offence under this regulation may, subject to paragraph (2A) below, be commenced within the 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.”.

(2) After regulation 30(2), insert—

“(2A) No such proceeding shall be commenced by virtue of this regulation more than 3 years after the commission of the offence.

(2B) For the purposes of this regulation—

(a) a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact;

(b) a certificate stating that matter purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

(2C) In relation to proceedings in Scotland, subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995(1) (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.”.

(1)

1995 c. 46.