2 Offences.

1

Regulations may provide for it to be an offence—

a

to do anything for which a licence is required under the regulations, otherwise than in accordance with a licence; or

b

for the purposes of obtaining or holding a licence—

i

to make a statement to the licensing authority (or someone acting on their behalf) knowing it to be false in a material particular, or

ii

recklessly to make a statement to the licensing authority (or someone acting on their behalf) which is false in a material particular.

2

A person convicted of an offence under regulations made under subsection (1) shall be liable—

a

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

b

on conviction on indictment—

i

for an offence under regulations made under subsection (1)(a), to imprisonment for a term not exceeding two years, or a fine, or both;

ii

for an offence under regulations made under subsection (1)(b), to a fine.

3

Regulations under subsection (1)—

a

may provide defences to be available in proceedings for an offence under the regulations either generally or in specified circumstances;

b

may make, in relation to provisions of the regulations, provision which applies (with or without modifications), or has a similar purpose to that of, any of the provisions of the M1Health and Safety at Work etc. Act 1974 set out in subsection (4).

4

The provisions mentioned in subsection (3)(b) are:

a

sections 15(7) and 35 (venue);

b

sections 18 to 20 and 26 (enforcement authorities and inspectors);

c

sections 21 to 24 (improvement and prohibition notices);

d

section 25 (power to deal with cause of imminent danger);

e

sections 27 and 28 (obtaining and disclosure of information);

f

section 33(1)(e) to (j), (n) and (o)F1and (2) (and the related provisions of Schedule 3A) (ancillary offences);

g

section 34(2) to (6) (extension of time for bringing summary proceedings);

h

sections 36(1) and 37 (offences due to fault of other person and offences by bodies corporate);

i

sections 38 and 39 (prosecutions in England and Wales only by inspectors or by or with the consent of the Director of Public Prosecutions);

j

sections 40 and 41 (onus of proving limits of what is practicable, and evidence);

k

section 42 (power of court to order cause of offence to be remedied); and

l

section 46 (service of notices).