Regulation 15 Offences and Penalties

(1)

Any person who —

(a)

contravenes or fails to comply with regulation 3(1), 4(1), 5(1), 12(1) or 13(2) to (5);

(b)

intentionally obstructs any person acting in the execution of Regulation 1895/2005 or these Regulations;

(c)

contravenes regulation 13(6) or 17(3) or, without reasonable excuse, otherwise fails to give to any person acting in the execution of Regulation 1895/2005 or these Regulations any assistance or information which that person may reasonably require; or

(d)

in purported compliance with any requirement mentioned in sub-paragraph (c), knowingly or recklessly supplies information that is false or misleading in any material particular, is guilty of an offence.

(2)

Anyone convicted of an offence under these Regulations is liable —

(a)

in the case of an offence under paragraph (1)(a) —

(i)

on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or both;

(ii)

on summary conviction to a term of imprisonment not exceeding six months or to a fine not exceeding the statutory maximum or both;

(b)

in the case of any other offence under these Regulations to a term of imprisonment not exceeding three months or to a fine not exceeding level five on the standard scale or both.

(3)

Nothing in paragraph (1)(c) is to be construed as requiring any person to answer any question or give any information if to do so might incriminate him or her.

(4)

Where an offence under these Regulations which has been committed by a body corporate or a Scottish partnership is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of —

(a)

any director, manager, secretary or other similar officer of the body corporate or any partner of the Scottish partnership, or

(b)

any person purporting to act in such a capacity,

that person as well as the body corporate or, as the case may be, the Scottish partnership, is deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.

(5)

No prosecution for an offence under these Regulations is to be begun after the expiry of three years from the commission of the offence or one year from its discovery by the prosecutor, whichever is the earlier.

(6)

Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person is also guilty of the offence; and a person may be charged with and convicted of the offence whether or not proceedings are taken against the first mentioned person.