11. In regulation 34(offences and penalties)–
(a)insert after paragraph 2–
“(2A) An operator of a scheme who contravenes a requirement of regulation 3(5B) is guilty of an offence;
(2B) A person who contravenes a requirement of regulation 21A or who is in breach of either of the conditions specified in paragraph (1)(a) or (b) of Schedule 2A is guilty of an offence;”;
(b)for paragraph (3) substitute–
“(3) A person who furnishes any information to the appropriate Agency in connection with its functions under these Regulations or furnishes information to which regulation 17A applies to an operator of the scheme, shall be guilty of an offence if, in furnishing the information that person–
(a)knows the information to be false or misleading in a material particular; or
(b)furnishes such information recklessly and it is false or misleading in a material particular.
(3A) A person who fails without reasonable excuse to comply with any requirement imposed by a notice under regulation 25(3) shall be guilty of an offence;”.