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23.—(1) It is an offence—
(a)for a person to contravene—
(i)regulation 3 (restriction on listed products); or
(ii)regulation 9 (misleading markings);
(b)for a manufacturer to contravene regulation 4 (conformity assessments, declarations of conformity and the CE conformity marking);
(c)for an authorised representative or an importer of a listed product to contravene regulation 5 (authorised representatives and importers); or
(d)for a manufacturer, authorised representative or an importer of a listed product to contravene regulation 8 (non-conformity) or 10 (documentation for inspection),
or to cause or permit another person to do so.
(2) Any person guilty of an offence under paragraph (1) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
24.—(1) It is an offence for a person—
(a)intentionally to obstruct an authorised person in the exercise or performance of his powers or duties; or
(b)knowingly or recklessly to make a statement which is false or misleading in a material particular, where the statement is made in purported compliance with—
(i)any requirement imposed under the powers in Part 3 to Schedule 9; or
(ii)any notice given under Part 5 to Schedule 9.
(2) It is an offence for a person, without reasonable excuse, to fail to—
(a)comply with any requirement imposed under the powers in Part 3 to Schedule 9;
(b)provide facilities or assistance reasonably required by an authorised person under those powers; or
(c)comply with any notice given under Part 5 to Schedule 9;
(3) It is an offence for a person falsely to pretend to be an authorised person.
(4) A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) In this regulation, “powers or duties” includes powers or duties exercisable by virtue of a warrant under Part 2 to Schedule 9.
25. An offence under these Regulations may be tried by summary proceedings if—
(a)in England and Wales, the information is laid;
(b)in Northern Ireland, the complaint is made;
(c)in Scotland, the proceedings are begun,
within twelve months from the date the offence is committed.
26.—(1) Where a body corporate commits an offence under these Regulations and it is proved that the offence—
(a)is committed with the consent or connivance of a relevant person, or
(b)is attributable to any neglect on his part,
that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.
(2) In paragraph (1), “relevant person” means—
(a)a director, manager, secretary or other similar officer of the corporate body;
(b)in relation to a body corporate managed by its members, a member of that body performing managerial functions;
(c)in relation to a Scottish partnership, a partner;
(d)a person purporting to act as a person described within (a), (b) or (c).
27.—(1) This regulation applies to a person convicted of an offence under these Regulations.
(2) The court may specify in an order (“a remediation order”)—
(a)the steps that the convicted person must take to remedy any of the matters for which he has been convicted; and
(b)the period within which those steps must be taken.
(3) A period specified in a remediation order may be extended if an application is made to the court within that period.
(4) A convicted person does not continue to be liable under regulation 23 or 24 in respect of the matters covered by a remediation order.
(5) A remediation order may be made in addition to, or instead of, any other punishment.
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