12.—(1) If—
(a)a compliance notice or variable monetary penalty is imposed on any person, or
(b)a third party undertaking is accepted from any person,
that person may not at any time be convicted of the offence under regulation 11(1) in respect of the act or omission giving rise to the compliance notice, variable monetary penalty or third party undertaking except in a case to which sub-paragraph (2) applies.
(2) This sub-paragraph applies to a case where in relation to an offence under regulation 11(1)—
(a)a compliance notice is imposed on a person or a third party undertaking is accepted from a person;
(b)no variable monetary penalty is imposed upon that person, and
(c)the person fails to comply with the compliance notice or third party undertaking.
(3) Criminal proceedings for offences triable summarily to which a compliance notice or third party undertaking in sub-paragraph (2) relate may be instituted at any time up to 6 months from the date when the market surveillance authority notifies the person that they have failed to comply with that compliance notice or third party undertaking.