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OffencesU.K.

18.—(1) Subject to paragraph (2), a person is guilty of an offence if he—

(a)contravenes regulation 3(1);

[F1(b)contravenes regulation 3A;]

(c)fails to supply any information required to be supplied by virtue of regulation F2... 15;

(d)fails to supply any information required to be supplied by virtue of the terms of any permit F3...;

(e)knowingly or recklessly makes a statement which he knows to be false or misleading in a material particular where such a statement—

(i)is made in connection with or for the purposes of any permit application [F4, permit transfer] or any application under regulations 10 or 11; or

(ii)is made for the purposes of satisfying any requirement under these Regulations for the supply of information to the Secretary of State or an inspector appointed pursuant to regulation 16;

(f)wilfully obstructs an inspector appointed under regulation 16; F5...

(g)without reasonable excuse fails to comply with a requirement imposed in pursuance of regulation 16 or prevents another person from complying with such a requirement [F6; or]

[F7(h)fails to comply with the terms of an enforcement notice or a prohibition notice.]

(2) Where a person is charged with an offence under paragraph (1)(a) or (1)(b), it is a defence to prove that the contravention—

(a)arose as a result of something which could not have been reasonably prevented by him; or

(b)was due to something done as a matter of urgency for the purposes of securing the safety of any person.

[F8(2A) A person does not have the defence provided by paragraph (2)(b) if the court is satisfied—

(a)that the thing done was not a reasonable step to take in the circumstances; or

(b)that it was a reasonable step to take for the purpose mentioned in that paragraph but the necessity of taking that step was due to the fault of the defendant.]

(3) A person guilty of an offence under this regulation shall on summary conviction be liable to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

(4) Where an offence under this regulation by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.

(5) Where the affairs of a body corporate are managed by its members, paragraph (4) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(6) Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.

(7) Proceedings for an offence under this regulation may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of the United Kingdom.

(8) Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) M1 shall not apply to any proceedings for an offence under this regulation.

[F9(9) Proceedings in England and Wales for an offence under this regulation may be brought only by, or with the consent of, the Secretary of State or the Director of Public Prosecutions.

(10) Proceedings in Northern Ireland for an offence under this regulation may be brought only by, or with the consent of, the Secretary of State or the Director of Public Prosecutions for Northern Ireland.]

Textual Amendments

Marginal Citations

M11878 41 & 42 Vict. c.73.