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).