5.—(1) Any person who contravenes the provisions of regulation 4 commits an offence and a person guilty of such an offence shall be liable on conviction on indictment to a fine, or on summary conviction to a fine not exceeding level 4 on the standard scale.
(2) Section 37 (offences by bodies corporate) of the Health and Safety at Work etc. Act 1974 shall apply to an offence under this regulation as it applies to an offence under any of the relevant statutory provisions of that Act.