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13.—(1) If an auditor fails to comply with regulation 11, an offence is committed by—
(a)the auditor, and
(b)if the auditor is a firm, every officer of the firm who is in default.
(2) If a qualifying bank fails to comply with regulation 12, an offence is committed by—
(a)the qualifying bank, and
(b)every director of the qualifying bank who is in default.
(3) Where the affairs of a qualifying bank are managed by its members, any reference in this regulation to a director of the qualifying bank shall be read as referring to a member of the bank.
(4) In proceedings for an offence under this section it is a defence for the person charged to show that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
(5) A person guilty of an offence under this regulation is liable—
(a)on conviction on indictment, to a fine, and
(b)on summary conviction, to a fine not exceeding the statutory maximum.
(6) Sections 1127 and 1128 (summary proceedings: venue and time limit for proceedings) and 1130 of the Companies Act 2006 (proceedings against unincorporated bodies) shall apply to an offence under paragraph (3) as it does to an offence under section 519 of that Act (statement by auditor to be deposited with company).
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