36.—(1) A contravention of any of the provisions of regulations 3, 4 and 11 to 32 shall be an offence.
(2) The [F1RQIA] shall not bring proceedings against a person in respect of any contravention of those regulations unless—
(a)subject to paragraph (4), he is a registered person;
(b)notice has been given to him in accordance with paragraph (3);
(c)the period specified in the notice within which the registered person may make representations to the [F1RQIA], has expired; and
(d)the person contravenes any of the provisions of the regulations mentioned in the notice.
(3) Where the [F1RQIA] considers that the registered person has contravened any of the provisions of the regulations mentioned in paragraph (1), it may serve a notice on the registered person specifying—
(a)in what respect in its opinion the registered person has contravened the requirements of any of the regulations;
(b)where it is practicable for the registered person to take action for the purpose of complying with those regulations, what action, in the opinion of the [F1RQIA], the registered person should take for that purpose;
(c)the period, not exceeding three months, within which the registered person should take any action specified in sub-paragraph (b); and
(d)the period, not exceeding one month, within which the registered person shall make representations to the [F1RQIA] about the notice.
(4) The [F1RQIA] may bring proceedings against a person who was once, but no longer is, a registered person, in respect of a failure to comply with regulation 22 and for this purpose, references in paragraphs (2) and (3) to a registered person shall be taken to include such a person.
Textual Amendments
F1Words in Regulations substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(a) (with Sch. para. 1(2))
Commencement Information
I1Reg. 36 in operation at 30.4.2007, see reg. 1