The Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2009 (revoked)

Offences and penalties U.K.

10.—(1) Any person who—

(a) intentionally obstructs any person acting in the execution of these Regulations;

(b) without reasonable cause, proof of which lies with that person, fails to give to any person acting in the execution of these Regulations any assistance or information that that person may reasonably require under these Regulations;

(c) furnishes to any person acting in the execution of these Regulations any information knowing it to be false or misleading; or

(d) fails to produce a record when required to do so to any person acting in the execution of these Regulations,

is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) But if the offence contained in paragraph (1), is committed by a person for the purpose of obtaining for that person’s own benefit or for the benefit of any other person, the whole or part of a specified payment that person is liable—

(a) on summary conviction, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or both; or

(b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or both.

(3) Subject to paragraph (4), for an offence under paragraph (1), proceedings must be brought in England, Wales and Northern Ireland, and commenced in Scotland, within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings came to the prosecutor’s knowledge.

(4) No proceedings for an offence under paragraph (1) may begin, more than 2 years after the date of the commission of the offence.

(5) For the purposes of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient, in the opinion of the prosecutor, to justify the proceedings came to their knowledge is conclusive of that fact.

(6) A certificate containing the information detailed in paragraph (5) and purporting to be so signed is deemed to be so signed unless the contrary is proved.

(7) In relation to proceedings in Scotland, subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995(1) (time limit for certain offences) applies for the purposes of this regulation as it applies for the purposes of that section.

(1)

1995 c.46.