Regulation 22 Offences

(1)

It is an offence for a registered person to fail to comply with any of the requirements in the following regulations, as read with regulation 8—

(a)

regulation 11,

(b)

regulation 16(3), or

(c)

regulation 17(3).

(2)

A registered person commits an offence if the registered person fails to comply with a requirement of regulation 12, 13(1) to (4) or 14, as read with regulation 8, and such failure results in—

(a)

avoidable harm (whether of a physical or psychological nature) to a service user,

(b)

a service user being exposed to a significant risk of such harm occurring, or

(c)

in a case of theft, misuse or misappropriation of money or property, any loss by a service user of the money or property concerned.

(3)

It is an offence for a health service body to fail to comply with regulation 20(2)(a) and (3).

(4)

But it is a defence for a registered person, or (in the case of regulation 20(2)(a) and (3)) a health service body, to prove that they took all reasonable steps and exercised all due diligence to prevent the breach of any of those regulations that has occurred.