Paragraph 2 Prosecution of offences

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 3 para. 1(2) substituted by Energy Information and Energy Efficiency 2001 reg. 11(5)(a)
Sch. 3 para. 2(2)-(4) omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(i)
Sch. 3 para. 3(2) words omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(ii)
Sch. 3 para. 3(3)-(5) omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(iii)
Sch. 3 para. 6-8 omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(iv)
Sch. 3 para. 15(3)(i) word omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(v)
Sch. 3 para. 15(3)(j) omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(v)
Sch. 3 para. 15(5)(f) omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(vi)
Sch. 3 para. 19 omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(vii)
Sch. 3 para. 15(3)(b) revoked by Enterprise Act 2002 (Consequential and Supplemental Provisions) 2003 Sch. para. 30(2)

(1)

Proceedings for an offence under these Regulations shall not be instituted—

(a)

in England and Wales, except by an enforcement authority; and

(b)

in Northern Ireland, except by or on behalf of the enforcement authority or the Director of Public Prosecutions for Northern Ireland.

(2)

Proceedings for an offence under these Regulations, other than proceedings for an offence under paragraph 15(1), shall not be instituted—

(a)

unless there has been served on the person charged a notice in writing of the date and nature of the offence alleged and, where the proceedings are in respect of one or more appliances of the same model tested on the same occasion under paragraph 10(3) (testing of purchased or seized appliances), of the results of the tests of all those appliances; or

(b)

unless the said notice was served before the expiration of the period of thirty days beginning with the date when evidence which the person proposing to institute the proceedings considers is sufficient to justify a prosecution for the offence came to his knowledge; or

(c)

after the expiration of the period—

(i)

of twelve months beginning with the date mentioned in paragraph (a) above, or

(ii)

of three months beginning with the date mentioned in paragraph (b) above,

whichever first occurs.

(3)

For the purposes of sub-paragraph (2)—

(a)

a certificate of a person who institutes proceedings for an offence mentioned in that sub-paragraph which states that evidence came to his knowledge on a particular date shall be conclusive of that fact;

(b)

a document purporting to be a certificate of such a person and to be signed by him or on his behalf shall be presumed to be such a certificate unless the contrary is proved; and

(c)

such a certificate shall not be received in evidence—

(i)

unless the party against whom it is to be given in evidence has been served with a copy thereof not less than seven clear days before the hearing; or

(ii)

if that party has, not less than three clear days before the hearing, served on the other party a notice requiring the attendance of the person issuing the certificate.

(4)

For the purposes of any proceedings for an offence in Scotland—

(a)

sub-paragraph (2) shall apply as if the word “instituted” read “brought”;

(b)

sub-paragraph (2)(b) shall apply as if the words “which the person proposing to institute the proceedings considers is sufficient to justify a prosecution for the offence came to his knowledge” read “sufficient in the opinion of the procurator fiscal to justify proceedings came to his knowledge”;

(c)

sub-paragraph (3)(a) shall apply as if the words “a person who institutes” read “the procurator fiscal who brings”;

(d)

sub-paragraph (3)(b) shall apply as if the words “such a person” read “the procurator fiscal”; and

(e)

sub-paragraph (3)(c) shall apply as if the word “hearing” read “trial diet”.