# The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020, Paragraph 16: Criminal proceedings

Extent: E+W

(1) If—
(a) a compliance notice or restoration notice is served on any person,
(b) a third party undertaking is accepted from any person,
(c) a notice imposing a variable monetary penalty is served on any person, or
(d) a fixed monetary penalty is served on any person,
that person may not at any time be convicted of an offence under Part 11 of these Regulations in respect of the act or omission giving rise to the compliance notice, restoration notice, third party undertaking, variable monetary penalty or fixed monetary penalty except in a case falling within paragraph (a) or (b) (and not also falling within paragraph (c)) where the person fails to comply with a compliance notice, restoration notice or third party undertaking (as the case may be).
(2) Criminal proceedings for offences to which a notice or third party undertaking in sub-paragraph (1) relates may be instituted at any time up to 6 months from the date from when the appropriate authority notifies the person against whom the proceedings are to be taken that the person has failed to comply with that notice or undertaking.

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Source: https://www.legislation.gov.uk/wsi/2020/206/schedule/4A/paragraph/16 (the official version)
Page: https://openlegislation.uk/official-controls-plant-health-and-genetically-modified-organisms-wales-regulations-2020/schedule-4A/paragraph-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.