Paragraph 18 Compliance with a withdrawal or recall noticeF1

(1)

A person must not contravene any requirement or prohibition imposed by a withdrawal or recall notice served pursuant to this Part (including any such notice as varied by the Executive or on appeal).

(2)

The provisions of section 33(1)(c) of the 1974 Act apply to sub-paragraph (1) for the purposes of its enforcement as if it were health and safety regulations for the purposes of that Act.

(3)

The maximum penalty for an offence under section 33(1)(c) of the 1974 Act, as applied by sub-paragraph (2), is determined in accordance with sub-paragraph (4).

(4)

The penalty referred to in sub-paragraph (3) is—

(a)

on summary conviction—

(i)

in England and Wales, imprisonment for a term not exceeding three months or a fine, or both;

(ii)

in Scotland, imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both; and

(b)

on conviction on indictment, imprisonment for a term not exceeding two years, or a fine, or both.

Annotations

Textual amendments

F1: Sch. 12 substituted (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), reg. 1, Sch. 1 (with regs. 2(1), 15)