CHAPTER 1Offences and penalties in relation to a listed REACH provision and Schedules 4 and 5
Offences
11.—(1) Except in relation to Article 67 of REACH, it is an offence for a person to contravene a listed REACH provision or cause or permit another person to do so.
(2) On and after 1st June 2009, it is an offence for a person to contravene Article 67 of REACH or cause or permit another person to do so.
(3) It is an offence for a person when subject to paragraph 6 of Schedule 4 (defence exemption certificates)—
(a)to provide a false certificate or copy; or
(b)to fail to provide when requested, as appropriate—
(i)the defence exemption certificate;
(ii)a copy of the certificate made by the Secretary of State; or
(iii)a copy of an extract of the certificate made by the Secretary of State,
or cause or permit another person to do so.
(4) On and after 1st June 2009, it is an offence for a person to contravene paragraph 5(b) or 6 of Part 1 of Schedule 5 (marketing and use of leaded paint) or cause or permit another person to do so.
Penalties
12. Any person guilty of an offence under regulation 11 is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months, or both;
(b)on conviction on indictment, to a fine or to imprisonment not exceeding two years, or both.