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PART 7 E+WEnforcement

OffencesE+W

Attempts and possession of means of committing offenceE+W

122.—(1) A person who attempts to commit an offence specified in paragraph (3) is guilty of an offence and punishable in the same manner as for that offence.

(2) A person who, for the purposes of committing an offence specified in paragraph (3), is in possession of anything capable of being used for committing such an offence, is guilty of an offence and punishable in the same manner as for that offence.

(3) The offences specified for the purposes of this regulation are—

(a)a species offence; and

(b)an offence under regulation 59 (false statements made for obtaining licence), where that offence relates to the obtaining of a licence under regulation 55 (licences for certain activities relating to animals or plants).

Obstruction of persons exercising powers of entry under regulation 117E+W

123.  A person who intentionally obstructs a person exercising powers under regulation 117 commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Obstruction in connection with constables' powers to take samplesE+W

124.—(1) A person commits an offence if that person, without reasonable excuse, fails—

(a)to make available any specimen in accordance with a requirement regulation 119(2); or

(b)to give any assistance reasonably required under regulation 119(3).

(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine.

Offences in connection with wildlife inspectors' enforcement powersE+W

125.—(1) A person commits an offence if that person—

(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by regulation 116 or 120(2) or (5); or

(b)fails without reasonable excuse to give any assistance reasonably required under regulation 120(4).

(2) A person who, with intent to deceive, falsely pretends to be a wildlife inspector, commits an offence.

(3) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine.

(4) A person guilty of an offence under paragraph (2) is liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine, or to both; or

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