PART 3Access to services etc
CHAPTER 1Residential tenancies
F1Offences
33COffences: penalties etc
1
A person who is guilty of an offence under section 33A or 33B is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding F4the general limit in a magistrates’ court, to a fine or to both.
2
3
If an offence under section 33A or 33B is committed by a body corporate with the consent or connivance of an officer of the body, the officer, as well as the body, is to be treated as having committed the offence.
4
In subsection (3) a reference to an officer of a body includes a reference to—
a
a director, manager or secretary,
b
a person purporting to act as a director, manager or secretary, and
c
if the affairs of the body are managed by its members, a member.
5
Where an offence under section 33A or 33B is committed by a partnership (whether or not a limited partnership) subsection (3) has effect, but as if a reference to an officer of the body were a reference to—
a
a partner, and
b
a person purporting to act as a partner.
6
An offence under section 33A or 33B is to be treated as—
a
a relevant offence for the purposes of sections 28B and 28D of the Immigration Act 1971 (search, entry and arrest), and
b
an offence under Part 3 of that Act (criminal proceedings) for the purposes of sections 28E, 28G and 28H of that Act (search after arrest).
Ss. 33A-33C and cross-heading inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(2), 94(1); S.I. 2016/1037, regs. 2(a), 5(c)