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Regulation 5 Offences

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

(1)

A person who contravenes or fails to comply with any requirement of a direction given to him under regulation 3 above shall be guilty of an offence.

(2)

A person who intentionally obstructs any person who is—

(a)

acting on behalf of the Secretary of State in connection with the giving or service of a direction under regulation 3 above;

(b)

acting in compliance with a direction under that regulation; or

(c)

acting under paragraph (4) or (5) of that regulation,

shall be guilty of an offence.

(3)

In proceedings for an offence under paragraph (1) above, it shall be a defence for the accused to prove—

(a)

that, subject to regulation 3(6) above, he has used all due diligence to ensure compliance with the direction; or

(b)

that he had reasonable cause for believing that compliance with the direction would have involved a serious risk to human life.

(4)

A person guilty of an offence under paragraph (1) or (2) above shall be liable—

(a)

on summary conviction, to a fine not exceeding £50,000;

(b)

on conviction on indictment, to a fine.