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1

An employer who fails to comply with any requirement referred to in paragraph (2) commits an offence.

2

The requirements referred to in paragraph (1) are—

a

regulation 6 (maximum daily working time);

b

regulation 6A (maximum weekly working time);

c

regulation 6B (maximum annual working time);

d

regulation 6C(1) (maximum average weekly working time);

e

regulation 6D (maximum average weekly working time where there are more working days than rest days);

f

regulation 7C (length of night work);

g

regulation 15A(2) (seasonal work on passenger ships).

3

An employer who fails to comply with regulation 7A(1) (health assessments for night workers) commits an offence.

4

An employer who fails to comply with regulation 7B(1) (transfer of night workers to day work) commits an offence.

5

An employer who fails to comply with regulation 8 (pattern of work) commits an offence.

6

An employer who fails to comply with regulation 9 (records) commits an offence.

7

An employer who fails to comply with regulation 10B(2) (working days and rest days) commits an offence.

8

An employer who fails to comply with regulation 16 (power to require information) commits an offence.

9

A master who fails to comply with regulation 14A(3) (emergency situations) commits an offence.

10

An offence under these Regulations is punishable on summary conviction—

a

in England and Wales by a fine; or

b

in Scotland or Northern Ireland by a fine not exceeding the statutory maximum.

11

In any proceedings for an offence under these Regulations it is a defence for the defendant to show that all reasonable steps had been taken to ensure compliance with the Regulations.