Offences10

1

A responsible person commits an offence (“a non-compliance offence”) where the responsible person fails to—

a

comply with a security direction or further direction; or

b

ensure that the responsible person’s officers, employees and contractors—

i

are made aware of any measures given in the security direction or further direction which are relevant to those persons; and

ii

take all steps necessary to comply with such measures.

2

It is a defence for a responsible person charged with a non-compliance offence to prove that the responsible person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

3

Where an enforcement officer exercises a relevant power it is an offence for a person to fail to comply with any requirement imposed under those powers.

4

It is an offence for a person to prevent or attempt to prevent any other person from—

a

appearing before an enforcement officer; or

b

answering any question to which an enforcement officer exercising a relevant power may require an answer.

5

It is an offence for a person intentionally to obstruct an enforcement officer in the exercise or performance of the enforcement officer’s powers.

6

It is an offence for a person falsely to pretend to be an enforcement officer.

7

It is an offence for a person to disclose any protected information contrary to regulation 9.

8

It is an offence for a person to use protected information contrary to the restriction under regulation 9(4).

9

It is a defence for a person charged with an offence under paragraph (7) to prove—

a

that the person did not know and had no reason to suspect that the information was protected information; or

b

that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence.