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Offence and penalty

11.—(1) A person who fails to comply with the requirements of any of regulations 3 to 10 commits an offence.

(2) A person guilty of an offence under this regulation is liable, either on summary conviction or on conviction on indictment, to a fine.

(3) Where a body corporate is guilty of an offence under this regulation, and the offence is proved—

(a)to have been committed with the consent or connivance of an officer, or

(b)to have been attributable to any neglect on the part of an officer,

the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

(4) In paragraph (3), “officer” means—

(a)a director, manager, secretary or other similar officer of the body, or

(b)a person purporting to act in any such capacity.

(5) If the affairs of a body corporate are managed by its members, paragraph (3) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as it applies to an officer of a body corporate.