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Part IVMiscellaneous

Offences

29.—(1) An employer who fails to comply with any of the relevant requirements shall be guilty of an offence.

(2) The following provisions of Article 31(1) of the 1978 Order shall apply where an inspector is exercising or has exercised any power conferred by a provision specified in regulation 28(5)–

(a)paragraph (e), in so far as it refers to Article 22;

(b)paragraphs (f) and (g);

(c)paragraph (h), in so far as it refers to an inspector; and

(d)paragraphs (j) and (k).

(3) An employer guilty of an offence under paragraph (1) shall be liable–

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(4) A person guilty of an offence under a provision of Article 31(1) of the 1978 Order as applied by paragraph (2) shall be liable to the penalty prescribed in relation to that provision by paragraph (2), (2A), or (4) of Article 31(1), as the case may be.

(5) Articles 34(1), 35, 36 and 39(1) to (3) of the 1978 Order shall apply in relation to the offences provided for in paragraphs (1) and (2) as they apply in relation to offences under the relevant statutory provisions.

(1)

Paragraph (2A) of Article 31 of the 1978 Order was inserted by, and paragraph (4) of that Article was amended by, Article 6 of the Offshore, and Pipelines, Safety (Northern Ireland) Order 1992 (S.I. 1992/1728 (N.I. 17))