PART VMISCELLANEOUS

Offences39

1

A contravention or failure to comply with any of the provisions of regulations 3 to 35 shall be an offence.

2

The Regulation and Improvement Authority shall not bring proceedings against a person in respect of any contravention, or failure to comply with those regulations unless—

a

subject to paragraph (4), he is a registered person;

b

notice has been given to him in accordance with paragraph (3);

c

the period specified in the notice has expired; and

d

the person contravenes any of the provisions of the regulations mentioned in the notice.

3

Where the Regulation and Improvement Authority considers that the registered person has contravened any of the provisions of the regulations mentioned in paragraph (1), it may serve a notice on the registered person specifying—

a

in what respect in its opinion the registered person has contravened any of the regulations;

b

what action in the opinion of the Regulation and Improvement Authority, the registered person should take so as to comply with any of those regulations;

c

the period, not exceeding three months, within which the registered person should take any action; and

d

the period, not exceeding one month, within which the registered person may make representations to the Regulation and Improvement Authority about the notice.

4

The Regulation and Improvement Authority may bring proceedings against a person who was once, but no longer is, a registered person, in respect of a failure to comply with regulation 21, and for this purpose, references in paragraphs (2) and (3) to a registered person shall be taken to include such a person.