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PART 4Offences and penalties

CHAPTER 2Regulation 9 and Schedule 3

Offences

13.—(1) It is an offence for a person—

(a)intentionally to obstruct an authorised person in the exercise or performance of his powers or duties; or

(b)to make a statement which he knows to be false or misleading in a material particular, or recklessly makes a statement which is false or misleading in a material particular, where the statement is made in purported compliance with a requirement to furnish any information imposed by or under these Regulations.

(2) It is an offence for a person, without reasonable excuse—

(a)to fail to comply with—

(i)any requirement under the powers in Part 1 or 2 of Schedule 3;

(ii)any notice made under Part 4 of Schedule 3;

(b)to fail or refuse to provide facilities or assistance or to permit any inspection reasonably required by an authorised person under or by virtue of those powers; or

(c)to prevent any other person from appearing before an authorised person, or answering any question to which an authorised person may require an answer, pursuant to the powers in Part 1 or 2 of Schedule 3.

(3) It is an offence for a person falsely to pretend to be an authorised person.

(4) In this regulation, “powers or duties” includes powers or duties exercisable by virtue of a warrant under paragraph 11 of Schedule 3.

Penalties

14.—(1) A person guilty of an offence under regulation 13 shall be liable—

(a)in the case of an offence of obstructing an authorised person in the execution of his powers under Part 3 (seizure in cases of imminent danger of serious pollution) of Schedule 3—

(i)on summary conviction, to a fine not exceeding the statutory maximum;

(ii)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both;

and

(b)in any other case, on summary conviction, to a fine not exceeding level 5 on the standard scale.

(2) A person guilty of an offence under regulation 13(2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.