(1)A person commits an offence who—
(a)carries on an activity in contravention of section 3 (licensing requirement);
(b)for the purpose of obtaining a licence (for himself or for another) knowingly or recklessly makes a statement which is false in a material particular;
(c)being the holder of a licence, fails to comply with the conditions of the licence;
(d)fails to comply with a direction under section 8;
(e)intentionally obstructs a person in the exercise of powers conferred by a warrant under section 9; or
(f)fails to comply with such of the regulations under this Act as may be prescribed.
(2)A person committing an offence is liable on conviction on indictment to a fine and on summary conviction to a fine not exceeding the statutory maximum.
(3)Where an offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a director, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
In this subsection “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(4)Proceedings for an offence committed outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in the United Kingdom.
(5)In proceedings for an offence under paragraph (a), (c), (d) or (f) of subsection (1) it is a defence for the accused to show that he used all due diligence and took all reasonable precautions to avoid the commission of the offence.
(6)A person other than a person to whom this Act applies is not guilty of an offence under this Act in respect of things done by him outside the United Kingdom, except—
(a)an offence of aiding, abetting, counselling or procuring, conspiracy or indictment in relation to the commission of an offence under this Act in the United Kingdom; or
(b)an offence under subsection (3) (liability of directors, officers, &c.) in connection with an offence committed by a body corporate which is a person to whom this Act applies.
(7)Section 2 (person to whom this Act applies) shall not be construed as restricting the persons against whom proceedings for an offence may be brought.
Modifications etc. (not altering text)
C1S. 12(6)(a) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 11 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)