PART 14Advertising
CHAPTER 2Requirements relating to advertising
Offences
Offences303.
(1)
A person is guilty of an offence if that person commits a breach of a provision in this Chapter.
(2)
A breach of a provision in this Chapter includes any—
(a)
contravention by any person of any prohibition in this Chapter; and
(b)
failure by any person to comply with any requirement or obligation in this Chapter.
(3)
A person guilty of an offence under this regulation other than one to which paragraph (4) applies is liable—
(a)
on summary conviction to a fine not exceeding the statutory maximum; or
(b)
on conviction on indictment to a fine, to imprisonment for a term not exceeding two years or to both.
(4)
This paragraph applies to an offence consisting of a breach of—
(a)
regulation 298(1) (free samples);
(b)
regulation 299(2) or (3) (medical sales representatives); or
(c)
regulation 300(4) (solicitation or acceptance of inducements or hospitality).
(5)
A person guilty of an offence to which paragraph (4) applies is liable on summary conviction to a fine not exceeding level 5 on the standard scale.