Paragraph 11 Failure to comply with licence conditions

(1)

Subject to sub-paragraph (3), any person who —

(a)

has done any act under the authority of a licence granted by the Governor under this Order, and

(b)

fails to comply with —

(i)

any conditions attaching to that licence;

(ii)

any obligation under paragraph 6; or

(iii)

any obligation under paragraph 7,

shall be guilty of an offence.

(2)

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

(a)

on summary conviction to a fine not exceeding £5,000 or the equivalent; or

(b)

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

(3)

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

(a)

the licence condition in question had been previously modified by the Governor; 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 Governor after the doing of the act authorised by the licence.