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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A person is guilty of an offence—
(a)if he fails to comply with any conditions imposed in pursuance of regulations under section 42, or
(b)if he is an appropriate supervisor of a person (P) who fails to comply with such a condition and he failed to take appropriate steps.
(2)P is not guilty of an offence under subsection (1) if—
(a)he has an appropriate supervisor, and
(b)he has complied with all the requirements imposed on him by his appropriate supervisor.
(3)A person who is not P or an appropriate supervisor is not guilty of an offence under subsection (1) if he takes all reasonable steps to ensure that he complies with the conditions.
(4)In subsections (1)(b) and (2)—
(a)an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;
(b)appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the conditions.
(5)A person guilty of an offence as mentioned in subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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