Article 10 Failure to comply with licence conditions

(1)

Subject to paragraph (3), any 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 5, or

(iii)

any obligation under article 6,

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; or

(b)

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

(3)

No person shall be guilty of an offence under paragraph (1) where—

(a)

the licence condition in question had been previously modified by the Secretary of State; and

(b)

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

(c)

the condition with which he failed to comply was modified by the Secretary of State after the doing of the act authorised by the licence.