PART 3ENFORCEMENT

Offences and penalties22.

(1)

Any person who acts in contravention of, or fails to comply with, regulation 6, 7(1), 8, 9, 16, 17 or 20 is guilty of an offence and is liable—

(a)

on summary conviction to a fine not exceeding the statutory maximum; and

(b)

on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both.

(2)

An employer who fails to comply with regulation 11 is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)

Any person who acts in contravention of, or fails to comply with, regulation 13, 15 or 19 is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4)

Any person who acts in contravention of, or fails to comply with, regulation 7(2), 10, 12, 14, 18 or 30 is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)

A worker who fails to comply with regulation 21(2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6)

Section 146(1) of the Act (enforcement of fines) applies to any fine imposed for an offence under paragraphs (1) to (3), as if the reference to proceedings against the owner or master of a ship for an offence under Chapter 2 were a reference to proceedings against any person for an offence under those paragraphs.