Article 10 Failure to comply with licence conditions

(1)

Subject to the provisions of paragraph (3), a person who—

(a)

has done any act under the authority of a licence granted by the Secretary of State under this Order; and

(b)

fails to comply with—

(i)

any conditions attaching to that licence;

(ii)

any obligation under article 6; or

(iii)

any obligation under article 7,

shall be guilty of an offence.

(2)

A person guilty of an offence under paragraph (1) shall be liable—

(a)

on summary conviction to a fine of the prescribed sum; and

(b)

on conviction on indictment, to a fine of any amount, or to imprisonment for a term not exceeding 2 years, or to both.

(3)

No person shall be guilty of an offence under paragraph (1) where in the case of a licence—

(a)

the condition in question has been modified by the Secretary of State;

(b)

the alleged failure to comply would not have been a failure had the licence not been so modified; and

(c)

the condition was modified after the doing of the act authorised by the licence.