Regulation 41 Offence and penalty

United Kingdom

F1(1)

A person who fails to comply with the requirements of any of the following regulations commits an offence—

(a)

regulations 7 and 8;

(b)

regulations 10 to 13;

(c)

regulations 15 to 35;

(d)

regulation 37(3).

(2)

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

(a)

on summary conviction, to a fine, or

(b)

on conviction on indictment, to a fine.

(3)

Where a body corporate is guilty of an offence under this regulation, and the offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a)

a director, manager, secretary or other similar officer of a body corporate, or

(b)

a person who was purporting to act in such a capacity,

that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

(4)

In paragraph (3), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.

Annotations

Textual amendments

F1: Reg. 41(1) substituted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) Regulations 2016 (S.I. 2016/1190), regs. 1(1), 9(6)