Offences and penalties6

1

A person who contravenes a provision of regulations 3(3) or 4(1) or (3) is guilty of an offence

2

A person guilty of an offence under paragraph (1) is liable

a

on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both; or

b

on summary conviction to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months or to both.

3

In proceedings for an offence in respect of failure to comply with regulation 4 it is a defence to prove that the ceramic article to which the offence relates was first placed on the market in the Community before 20 May 2007.