# The Storage of Carbon Dioxide (Termination of Licences) Regulations 2011, Regulation 18: Enforcement


(1) A failure by—
(a) the operator to comply with regulation 5(2) or 10(5); or
(b) a licence holder to comply with regulation 13(2) or 17,
is deemed, for the purposes of section 24 (licensing authority's power of direction), to be a breach of a provision of the licence, even where a licence has terminated.
(2) It is an offence for—
(a) a person to make a statement which the person knows to be false or recklessly to make a statement which is false—
(i) in order to obtain the termination of a licence; or
(ii) in a transfer report;
or
(b) a licence holder to fail to disclose information which the licence holder knows, or ought to know, to be relevant to the authority's decision to serve a notice under regulation 11(2) or 12(2).
(3) A person guilty of an offence under paragraph (2) is liable—
(a) on summary conviction—
(i) in England and Wales or Northern Ireland, to a fine not exceeding the statutory maximum; or
(ii) in Scotland, to a fine not exceeding £5,000; or
(b) on conviction on indictment, to a fine.
(4) Where an offence under paragraph (2) is committed by a body corporate and is proved to have been committed with the consent or connivance of an officer of the body corporate, that officer (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and dealt with accordingly.
(5) Where an offence under paragraph (2) is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, that partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.
(6) In this regulation—
(a) “officer”, in relation to a body corporate, means
(i) any director, manager, secretary or other similar officer of the body corporate; or
(ii) any person who was purporting to act in any such capacity;
(b) “partner”, in relation to a Scottish partnership, includes any person who was purporting to act as a partner in the partnership.
(7) In paragraph (6) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

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Source: https://www.legislation.gov.uk/uksi/2011/1483/regulation/18 (the official version)
Page: https://openlegislation.uk/storage-of-carbon-dioxide-termination-of-licences-regulations-2011/regulation-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.