2 Offences. E+W+S

(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 M1 Health 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)[F1 and (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).

Textual Amendments

F1 Words in s. 2(4)(f) substituted (16.1.2009) by Health and Safety (Offences) Act 2008 (c. 20), s. 3(2), Sch. 3 para. 4 (with s. 3(3))

Marginal Citations

M1 1974 c. 37.