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Activity Centres (Young Persons' Safety) Act 1995

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2Offences

(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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