The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory Regulations 2005

PART 5 OFFENCES

Offences

13.—(1) It is an offence for a person to—

(a) fail, without reasonable excuse, to comply with a condition of a notice under regulation 10(1);

(b) make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made—

(i) in connection with an application under regulation 5;

(ii) in writing for the purpose of preparing a national inventory (whether or not the statement is made in purported compliance with a requirement imposed by a notice under regulation 10);

(iii) for the purposes of satisfying a requirement under regulation 11 for the supply of information to an authorised person;

(c) wilfully obstruct a person appointed under regulation 11 from exercising any of the powers that he is authorised to exercise under that regulation;

(d) without reasonable excuse, fail to comply with an obligation imposed pursuant to regulation 11(3) or prevent another person from complying with such a requirement.

(2) A person guilty of an offence under this regulation shall be liable—

(a) on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both; or

(b) in the case of an offence under paragraph (1)(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

(3) Where a body corporate is guilty of an offence under thee Regulations, and that 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 qualified person appointed as such for the purposes of these Regulations;

(b) any director, manager, secretary or other similar person of the body corporate, or

(c) any person who was purporting to act in any such capacity;

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

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

(5) Where an offence which has been committed by 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 partner, he as well as the partnership is guilty of the offence and is liable to be proceeded against and punished accordingly.