33.—(1) A water undertaker which contravenes regulation 28(9) or regulation 29(2) or (4) shall be guilty of an offence and liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
(2) In any proceedings under paragraph (1) above for contravention of regulation 29(2), a copy of a certificate given pursuant to paragraph (15) of that regulation shall be admissible in evidence as to the number of cryptosporidium oocysts per 10 litres of water.
(3) A water undertaker which applies or introduces any substance or product in contravention of regulation 31(2) or a notice given under regulation 31(8), or uses any process in contravention of a prohibition imposed under regulation 32(1) or without complying with a condition imposed by virtue of regulation 32(2) shall be guilty of an offence and liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
(4) In any proceedings against a water undertaker for an offence under paragraph (1) above it shall be a defence for that undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
(5) If any person, in certifying the results of an analysis pursuant to regulation 29(15) or furnishing any information or making any application under regulation 31 or 32, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence and liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
(6) Proceedings for an offence under paragraph (5) shall not be instituted except by or with the consent of the Secretary of State or the Director of Public Prosecutions.