PART 2Market Surveillance and Enforcement
Penalties8
1
Except for a person who falls within paragraph (3), a person guilty of an offence under these Regulations is liable—
a
on summary conviction—
i
in England and Wales, to a fine or imprisonment for a term not exceeding three months, or to both;
ii
in Scotland and Northern Ireland, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding three months, or to both;
b
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or to both.
2
A person who falls within paragraph (3) is liable on summary conviction—
a
in England and Wales, to a fine or imprisonment for a term not exceeding three months, or to both;
b
in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months or to both.
3
A person falls within this paragraph, if that person is guilty of an offence under—
a
regulation 7(1)(a) by contravening the requirement in Article 7(3) (failing to keep the technical documentation and the EU declaration of conformity for 10 years); or
b
regulation 7(1)(b) by contravening the requirement in Article 9(8) (failing to keep a copy of the EU declaration of conformity for 10 years and failing to make that document and the technical documentation available to the market surveillance authority on request).