Regulation 31 Penalties

(1)

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; or

(c)

disposes of quota which he knows or might reasonably be expected to know is incorrectly registered in his name,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale or, on conviction on indictment, to a fine.

(2)

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 (3)) on the person to whose quota that conviction relates withdraw 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.

(3)

The date referred to in paragraph (2) above 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.

(4)

If any person—

(a)

intentionally obstructs an authorised officer acting in the exercise of the powers conferred to him by regulation 30(4) or (5); or

(b)

fails without reasonable excuse to comply with a requirement of an authorised officer pursuant to regulation 30(4) or (5),

he shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)

In this regulation “requirement” does not include a requirement imposed on an authority or a person acting as arbitrator or arbiter, nor does it include any restriction or obligation in or under regulation 7(5) or (7), 9(1), 11(9), 13(2) or (4) or 16(2).