Regulation 31 Penalties

(1)

Subject to paragraph (2), any person who–

(a)

fails without reasonable excuse to comply with a requirement imposed on him by or under these Regulations or the Community legislation, or

(b)

in connection with these Regulations or the Community legislation, makes a statement or uses a document which he knows to be false in a material particular or recklessly makes a statement or uses a document which is false in a material particular,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £2,000 and, on conviction on indictment, to a fine.

(2)

Paragraph (1)(a) shall not apply to any failure by any person to comply with a requirement in an agreement referred to in regulation 22 or 23.

(3)

The Minister may, following any conviction under paragraph (1)(b) against which there is no successful appeal, by notice served (within the period of 12 months following the date specified in paragraph (4)) on the person to whose quota that conviction relates reduce his quota to such extent as may reasonably be regarded by the Minister as being attributable to the falsehood on which the conviction was founded.

(4)

The date referred to in paragraph (3) is–

(a)

in the case of a conviction against which there is no appeal, the date on which the right to appeal against that conviction expires, and

(b)

in the case of a conviction against which there is an unsuccessful appeal–

(i)

if there is no right of appeal against the result of that unsuccessful appeal, the date of that result, and

(ii)

if there is a right of appeal against that result but no appeal is made, the date on which that right of appeal expires.