For section 35 substitute—

“35Offence of contravening building regulations etc

(1)

A person who contravenes a provision of building regulations, or a requirement imposed by virtue of any such provision, commits an offence.

(2)

Building regulations may provide that subsection (1) does not apply in relation to a prescribed provision of the regulations.

(3)

Building regulations may provide that, in relation to a prescribed provision of the regulations, it is a defence for a person charged with an offence under this section to prove such matters relating to the contravention as may be prescribed.

(4)

A person guilty of an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.”