The REACH Enforcement Regulations 2008

CHAPTER 2 U.K. Other offences and penalties

Offences U.K.

13.—(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;

or

(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.

Penalties U.K.

14.—(1) A person guilty of an offence under regulation 13 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.