[F1PART VIE+WSUPPLY OF REGISTER ETC

Textual Amendments

OffencesE+W

Offences in respect of contravention of Part VI regulationsE+W

115.—(1) A person who contravenes the provisions specified in paragraph (2) below shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Those provisions are regulations 92(9), 94(3), 95(2), 96(2), 97(2) and (4), 98(9) and (10), 99(3) and (5), 100(3), (5) and (7), 101(6), 103(3) and (4), 104(3), 105(4) and (5), 106(3) and (5), 107(3) and (5), 108(5), 109(3), 112(4) and (5) and 113(5) above.

(3) It is a defence for a person charged with an offence under paragraph (1) above to prove that he took all reasonable steps and exercised all due diligence to prevent the contravention.

(4) A person to whom paragraph (5) below applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale where—

(a)a contravention of the provisions referred to in paragraph (2) above has occurred on the part of a person (“the employed person”) in the employment, or otherwise under the direction or control, of the company or other organisation in which the person to whom paragraph (5) applies holds office; and

(b)the person to whom paragraph (5) below applies has failed to take the steps specified in paragraph (6) below.

(5) This paragraph applies to a director of a company or a person concerned with the management of an organisation.

(6) The steps referred to in paragraph (4)(b) above are such steps as it would be reasonable for a person to whom paragraph (5) applies to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a contravention of the provisions referred to in paragraph (2) above on the part of the employed person.]

Modifications etc. (not altering text)