Enforcement17

1

Any person who fails to comply with any of the relevant requirements shall be guilty of an offence.

2

The provisions of paragraph (3) shall apply where an inspector is exercising or has exercised any power conferred by Schedule 2.

3

It is an offence for a person –

a

to contravene any requirement imposed by an inspector under paragraph 2 of Schedule 2;

b

to prevent or attempt to prevent any other person from appearing before an inspector or from answering any question to which an inspector may by virtue of paragraph 2(2)(e) of Schedule 2 require an answer;

c

to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice referred to in paragraphs 3 and 4 of Schedule 2 (including any such notice as is modified on appeal);

d

intentionally to obstruct an inspector in the exercise or performance of his powers;

e

to use or disclose any information in contravention of paragraph 7 of Schedule 2;

f

to make a statement which he knows to be false or recklessly to make a statement which is false where the statement is made in purported compliance with a requirement to furnish any information imposed by or under these Regulations.

4

Any person guilty of an offence under paragraph (1) shall be liable –

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to a fine.

5

A person guilty of an offence under paragraph (3)(b) or (d) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

6

A person guilty of an offence under paragraph (3)(c) shall be liable –

a

on summary conviction, to imprisonment for a term not exceeding three months, or a fine not exceeding the statutory maximum;

b

on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine or both.

7

A person guilty of an offence under paragraph (3)(a), (e) or (f) shall be liable –

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment –

i

if the offence is under paragraph (3)(e), to imprisonment for a term not exceeding two years or a fine or both,

ii

if the offence is under paragraph (3)(a) or (f), to a fine.

8

The provisions set out in regulations 18 to 22 shall apply in relation to the offences provided for in paragraphs (1) and (3).