Section 9 Offences relating to licencesI1

United Kingdom

(1)

An offence is committed by a licence holder if—

(a)

a thing is done for which the licence specifies that the prior consent of the F1OGA or any other person is required, without that consent first having been obtained;

(b)

such a thing is done in circumstances where that consent was obtained subject to conditions and those conditions have not been satisfied;

(c)

the licence holder fails to keep records, give a notice or make a return or report, in accordance with the provisions of the licence;

(d)

the licence holder breaches any other provision of the licence which is specified, or of a description specified, in an order made by the Secretary of State.

(2)

In proceedings against a person for an offence under subsection (1), it is a defence for the person to prove that due diligence was exercised to avoid committing the offence.

(3)

It is an offence for a person to make a statement which the person knows to be false, or recklessly to make a statement which is false, in order to obtain—

(a)

a licence, or

(b)

the consent of the F2OGA or any other person for the purposes of any requirement imposed by virtue of section 6(4).

(4)

It is an offence for a person to fail to disclose information which the person knows, or ought to know, to be relevant to an application for—

(a)

a licence, or

(b)

the consent of the F3OGA or any other person for the purposes of any requirement imposed by virtue of section 6(4).

(5)

A person guilty of an offence under this section is liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum, or

(b)

on conviction on indictment, to a fine.

Annotations

Textual amendments

F1: Word in s. 9(1)(a) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 46(2); S.I. 2016/920, reg. 2(a)
F2: Word in s. 9(3)(b) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 46(3); S.I. 2016/920, reg. 2(a)
F3: Word in s. 9(4)(b) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 46(4); S.I. 2016/920, reg. 2(a)

Commencement

I1: S. 9 in force at 13.11.2009 for specified purposes by S.I. 2009/2809, art. 2 (with art. 4)