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.