Other offences under these RegulationsE+W
12.—(1) An applicant commits an offence if the applicant—
(a)withholds information from a registration application; or
(b)includes false or misleading information in a registration application.
(2) An occupier of land commits an offence if the occupier fails to comply with a condition—
(a)imposed under regulation 6(2)(b); or
(b)imposed by virtue of regulation 8(1).
(3) Paragraph (4) applies where—
(a)a condition requires a person to fulfil a particular function; and
(b)the occupier has appointed a person (“P”) to fulfil the function but P has ceased to fulfil the function.
(4) In proceedings against an occupier for an offence under paragraph (2) it is a defence that—
(a)the occupier notified the relevant local authority within the period of 28 days beginning with the day after the relevant day; and
(b)at the material time the occupier was taking all reasonable steps to try to comply with the condition.
(5) In proceedings against an occupier for an offence under paragraph (2) it is a defence that, at the material time—
(a)the period for appealing against the decision to impose or vary the condition (or against any relevant decision of the First-Tier Tribunal) has not expired; or
(b)that an appeal has been brought against the decision to impose or vary the condition (or against any relevant decision of the First-tier Tribunal) and the appeal has not been finally determined or withdrawn.
(6) An occupier of land guilty of an offence under paragraph (1) or (2) is liable on summary conviction to a fine.
(7) In this regulation—
“relevant day” means the later of—
the day on which the person (“P”) that the occupier had appointed to fulfil the function (“P”) ceased to do so; and
the day on which the occupier had knowledge that P had ceased to fulfil the function, or, if earlier, the day on which the occupier would have had that knowledge if the occupier had taken all reasonable steps to ensure compliance with the condition;
“relevant decision” has the meaning given in regulation 11(4);
“the decision to impose the condition” means—
the decision under regulation 6(2)(b) to grant the application subject to the condition;
the decision to impose the condition by virtue of regulation 8(1).
Commencement Information
I1Reg. 12 in force at 1.10.2021, see reg. 1(3)(a)