Offences
39.—(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.