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Regulation 19 Offences and penaltiesI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If any person fails to comply with an obligation imposed on him by regulation 13 or 14 he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2)

If any person—

(a)

intentionally obstructs an authorised person in the exercise of a power conferred on him by regulation 17; or

(b)

fails without reasonable excuse to comply with a requirement of an authorised person directed at him under regulation 17(4)(a) or (c) or with a request made to him under regulation 18,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)

If any person for the purpose of obtaining the whole or any part of a compensatory payment or in purported compliance with any requirement directed at him under regulation 17(4) knowingly or recklessly furnishes information which is false or misleading in a material respect he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)

Proceedings for an offence under paragraph (1), (2) or (3) may, subject to paragraph (5), be brought within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings came to his knowledge.

(5)

No proceedings under paragraph (2) or (3) shall be brought by virtue of this regulation more than 12 months after the commission of the offence.

(6)

For the purposes of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

(7)

A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

(8)

Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(9)

Where the affairs of a body corporate are managed by its members, the provisions of paragraph (8) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Annotations

Commencement

I1

Reg. 19 in operation at 12.12.1997, see reg. 1