(1) Except as provided by Regulations 4 and 13, a person who commits an offence under these Regulations is liable on summary conviction to a class A fine.

(2) If a person is convicted of an offence under these Regulations, the court may order any data material or data that appears to it to be connected with the commission of the offence to be forfeited or destroyed and any relevant data to be erased.

(3) The court may not make such an order in relation to data material or data if it considers that some person other than the person convicted of the offence concerned might be the owner of, or have a proprietary interest in, the data material or data unless all reasonably practicable steps have been taken -

(a) to notify the person who reasonably appears to be the owner of the data material or data of the proposed forfeiture, destruction or erasure, and

(b) to give that person an opportunity to show cause why the order should not be made.