Regulation 13 Offences

United Kingdom

(1)

It is an offence for a person—

(a)

intentionally to obstruct an authorised person in the exercise or performance of the powers or duties of the authorised person; or

(b)

to make a statement—

(i)

which that person knows to be false or misleading in a material particular; or

(ii)

recklessly and which is false or misleading in a material particular,

where the statement is made in purported compliance with a listed REACH provision or with a requirement to furnish any information imposed by or under these Regulations.

(2)

Where an authorised person exercises the powers in Schedule 6 (powers of enforcement), it is an offence for a person—

(a)

to fail to comply with—

(i)

any requirement imposed by or made under those powers;

(ii)

a notice described in that Schedule;

(b)

to fail or refuse—

(i)

to provide facilities or assistance; or

(ii)

to permit any inspection,

when reasonably required by an authorised person;

(c)

to prevent any other person from appearing before an authorised person, or answering any question to which an authorised person may require an answer.

(3)

It is a defence for a person charged with an offence under paragraph (2) to prove that they had a reasonable excuse for the matters with which they are charged.

(4)

It is an offence for a person to pretend to be an authorised person.

(5)

It is an offence for a person to disclose the information described in paragraph (6) where—

(a)

that person received that information from the Commissioners for Revenue and Customs; and

(b)

the disclosure has not been made—

(i)

with the prior consent of the Commissioners; or

(ii)

pursuant to a legal obligation.

(6)

The information referred to in paragraph (5) is information which relates to a person whose identity—

(a)

is specified in the disclosure; or

(b)

may be deduced from the disclosure,

but excludes information about internal administrative arrangements of Her Majesty’s Revenue and Customs (whether relating to Commissioners, officers or others).

(7)

It is a defence for a person charged with an offence under paragraph (5) to prove that they believed that—

(a)

the disclosure was lawful; or

(b)

the information had already and lawfully been made available.

(8)

In this regulation, “powers or duties” includes powers or duties exercisable by virtue of a warrant.