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- Original (As enacted)
This is the original version (as it was originally enacted).
(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 [1974 c. 37.] 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), and (2) to (4) (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).
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