PART 12Offences and penalties

Penalties

59.—(1) Subject to paragraphs (2) to (5), offences under these Regulations are punishable on summary conviction by a fine not exceeding level 5 on the standard scale.

(2) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 4 on the standard scale—

(a)regulation 10(3) and (7);

(b)regulation 12(4);

(c)regulation 15(2), but only in relation to an offence consisting of a breach of regulation 15(1)(b);

(d)regulation 36(3);

(e)regulation 45(2); and

(f)regulation 46(2).

(3) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 3 on the standard scale—

(a)regulation 12(8);

(b)regulation 13(3);

(c)regulation 24(5), (9) and (12);

(d)regulation 25(3);

(e)regulation 28(4), but only in relation to an offence consisting of a breach of regulation 28(3)(b);

(f)regulation 29(5);

(g)regulation 33(5), but only in relation to an offence consisting of a breach of regulation 33(4)(a);

(h)regulation 36(5); and

(i)regulation 41(4), but only in relation to an offence consisting of a breach of regulation 41(3)(b).

(4) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 2 on the standard scale—

(a)regulation 17(5);

(b)regulation 18(2);

(c)regulation 24(3);

(d)regulation 29(7); and

(e)regulation 33(5), but only in relation to an offence consisting of a breach of regulation 33(4)(b).

(5) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 5 on the standard scale or on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both—

(a)regulation 29(3);

(b)regulation 30(4);

(c)regulation 31(3);

(d)regulation 32(4);

(e)regulation 33(3);

(f)regulation 37(8);

(g)regulation 41(9); and

(h)regulation 49(3).

Defence

60.  In any proceedings for an offence under these Regulations (other than an offence under regulation 10(5)) it is a defence for the person charged to show that all reasonable steps had been taken by that person to ensure compliance with the provision concerned.