PART 3ENFORCEMENT AND INVESTIGATORY POWERS

Powers of enforcing authorities to give notices

101Notices: offences

(1)

A person commits an offence if the person—

(a)

fails to comply with an information notice given to the person;

(b)

fails to comply with a compliance notice given to the person;

(c)

contravenes a prohibition or restriction contained in a prohibition notice;

(d)

fails to comply with section 98(6) (steps to be taken by recipient of prohibition notice).

(2)

In proceedings against a person for an offence under subsection (1) it is a defence for the person to prove that the person had a reasonable excuse for the failure or contravention.

(3)

A person guilty of an offence under subsection (1) is liable—

(a)

on summary conviction, to a fine or imprisonment for a term not exceeding the applicable limit under section 224(1A)(b) of the Sentencing Code, or both;

(b)

on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years, or both.

(4)

A person who has been convicted of an offence under subsection (1) commits a further offence if the failure or contravention continues after the conviction.

(5)

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 1 on the standard scale for each day on which the failure or contravention continues.