PART 3Access to services etc
CHAPTER 1Residential tenancies
F1Offences
33COffences: penalties etc
1
A person who is guilty of an offence under section 33A or 33B is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine or to both.
2
In the application of this section in relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 the reference in subsection (1)(b) to 12 months is to be read as a reference to 6 months.
3
If an offence under section 33A or 33B is committed by a body corporate with the consent or connivance of an officer of the body, the officer, as well as the body, is to be treated as having committed the offence.
4
In subsection (3) a reference to an officer of a body includes a reference to—
a
a director, manager or secretary,
b
a person purporting to act as a director, manager or secretary, and
c
if the affairs of the body are managed by its members, a member.
5
Where an offence under section 33A or 33B is committed by a partnership (whether or not a limited partnership) subsection (3) has effect, but as if a reference to an officer of the body were a reference to—
a
a partner, and
b
a person purporting to act as a partner.
6
An offence under section 33A or 33B is to be treated as—
a
a relevant offence for the purposes of sections 28B and 28D of the Immigration Act 1971 (search, entry and arrest), and
b
an offence under Part 3 of that Act (criminal proceedings) for the purposes of sections 28E, 28G and 28H of that Act (search after arrest).
Ss. 33A-33C and cross-heading inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(2), 94(1); S.I. 2016/1037, regs. 2(a), 5(c)