Regulation 11 Offences
An employer of a cross-border worker who fails to comply with regulation 8(3) or regulation 9 is guilty of an offence.
The provisions of paragraph (3) apply where an inspector is exercising or has exercised any power conferred by Schedule 2.
It is an offence for a person–
to contravene any requirement imposed by the inspector under paragraph 2 of Schedule 2;
to prevent or attempt to prevent any other person from appearing before the inspector or from answering any question to which the inspector may by virtue of paragraph 2(2)(e) of Schedule 2 require an answer;
to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as is modified on appeal);
intentionally to obstruct the inspector in the exercise or performance of his powers or duties;
to use or disclose any information in contravention of paragraph 8 of Schedule 2;
to make a statement which the person knows to be false or recklessly to make a statement which is false, where the statement is made in purported compliance with a requirement to furnish any information imposed by or under these Regulations.
An employer guilty of an offence under paragraph (1) is liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine.
A person guilty of an offence under paragraph (3) is liable to the penalty prescribed in relation to that provision by paragraphs (6), (7) or (8) as the case may be.
A person guilty of an offence under paragraph (3)(a), (b) or (d) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A person guilty of an offence under paragraph (3)(c) is liable—
on summary conviction, to imprisonment for a term not exceeding three months, or a fine not exceeding the statutory maximum;
on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
A person guilty of an offence under paragraph (3)(e) or (f), is liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment—
if the offence is under paragraph (3)(e), to imprisonment for a term not exceeding two years or a fine or both;
if the offence is under paragraph (3)(f), to a fine.
The provisions set out in regulations 12 to 16 apply in relation to the offences provided for in paragraphs (1) and (3).