Offences
4
1
Regulations may provide for it to be an offence—
a
to do anything for which a licence is required under the regulations, otherwise than in accordance with a licence; or
b
for the purposes of obtaining or holding a licence—
i
to make a statement to the licensing authority (or someone acting on its behalf) knowing it to be false in a material particular; or
ii
recklessly to make a statement to the licensing authority (or someone acting on its behalf) which is false in a material particular.
2
A person convicted of an offence under regulations made under paragraph (1) shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment—
i
for an offence under regulations made under paragraph (1)(a), to imprisonment for a term not exceeding two years, or a fine, or both;
ii
for an offence under regulations made under paragraph (1)(b), to a fine.
3
Regulations under paragraph (1)—
a
may provide defences to be available in proceedings for an offence under the regulations;
b
may make, in relation to provisions of the regulations, provision which applies (with or without modifications), or has a similar purpose to that of, any of the provisions of the Health and Safety at Work (Northern Ireland) Order 1978 set out in paragraph (4).
4
The provisions mentioned in paragraph (3)(b) are—
a
Articles 17(7) and 33 (venue);
b
Articles 20 to 22 and 28 (enforcement authorities and inspectors);
c
Articles 23 to 26 (improvement and prohibition notices);
d
Article 27 (power to deal with cause of imminent danger);
e
Articles 29 and 30 (obtaining and disclosure of information);
f
Article 31(1)(e) to (j), (n) and (o) and (2) (and the related provisions of Schedule 3A) (ancillary offences);
g
Article 32(2) to (4) (extension of time for bringing summary proceedings);
h
Article 34(1) (offences due to the fault of other persons);
i
Articles 35 and 36 (restriction on institution of proceedings and prosecutions by inspectors);
j
Articles 37 and 38 (onus of proving limits of what is practicable etc., and evidence); and
k
Article 39 (power of court to order cause of offence to be remedied and, in certain cases, forfeiture).
1978 NI 9.
Words in art. 4(4)(f) substituted (16.1.2009) by Health and Safety (Offences) Act 2008 (c. 20), ss. 2(1), 3(2), Sch. 3 para. 5 (with s. 3(3))