The Energy Information Regulations 2011

PART 5 U.K. Offences and penalties

Offences and penalties U.K.

11.— [F1 (1) It is an offence for—

(a) a dealer to fail to comply with any of the obligations placed on the dealer by virtue of the Articles listed in regulation 4(1);

(b) a supplier to fail to comply with any of the obligations placed on the supplier by virtue of the Articles listed in regulation 4(2).]

(2) Any person guilty of an offence under paragraph (1) is liable—

[F2 (a) on summary conviction—

(i) in England and Wales, to a fine;

(ii) in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;]

(b) on conviction on indictment, to a fine.

Textual Amendments

F1 Reg. 11(1) substituted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 8(1)

F2 Reg. 11(2)(a) substituted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 8(2)

Obstruction etc. U.K.

12.—(1) It is an offence for any person—

(a) intentionally to fail to comply with any instruction given by an authorised person acting in pursuance of their powers or duties under [F3 these Regulations, the EU Energy Labelling Regulation or RAMS];

(b) intentionally to obstruct an authorised person acting in pursuance of their powers or duties under [F3 these Regulations, the EU Energy Labelling Regulation or RAMS];

(c) knowingly or recklessly to make a statement which is false or misleading in purported compliance with any requirement imposed under [F3 these Regulations, the EU Energy Labelling Regulation or RAMS];

(d) without reasonable cause fail to give an authorised person any other assistance or information which that authorised person may reasonably require for the purposes of the exercise of their powers or duties under [F3 these Regulations, the EU Energy Labelling Regulation or RAMS].

(2) Any person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) In this regulation, “powers or duties” includes powers or duties exercisable by virtue of a warrant under Schedule 2.

Textual Amendments

F3 Words in reg. 12(1) substituted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 9

Time limit for prosecution of offences U.K.

13.—(1) An offence under these Regulations may be tried by summary proceedings if—

(a) in England and Wales, the information is laid;

(b) in Northern Ireland, the complaint is made; or

(c) in Scotland, the proceedings are begun,

before the end of the period of 12 months beginning on the day after the date on which evidence which the market surveillance authority thinks is sufficient to justify the proceedings comes to the market surveillance authority’s knowledge.

(2) For the purposes of paragraph (1)—

(a) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the market surveillance authority’s knowledge is to be conclusive evidence of that fact; and

(b) a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.

Bodies corporate U.K.

14.—(1) If an offence under these Regulations committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to any neglect on the part of the officer,

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

(2) “Officer”, in relation to a body corporate, means—

(a) a director, manager, secretary or other similar officer of the body, or

(b) a person purporting to act in any such capacity.

(3) If the affairs of the body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as it applies to an officer of a body corporate.

(4) If an offence under these Regulations committed by a partnership in Scotland is proved—

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to any neglect on the part of the partner,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) In paragraph (4) “partner” includes a person purporting to act as a partner.

Recovery of expenses of enforcement U.K.

15.—(1) This regulation applies where a court convicts a person of an offence under these Regulations.

(2) The court may (in addition to any other order it may make as to costs or expenses) order the person convicted to reimburse the market surveillance authority for any expenditure which it or any authorised person has reasonably incurred in investigating the offence, including in purchasing, testing or examining any product, or any part of it, in respect of which the offence was committed.