11.—(1) A person shall be guilty of an offence if—
(a)being under a requirement to do so, he fails to comply with any provision of the workplace fire precautions legislation;
(b)that failure places one or more employees at serious risk in case of fire; and
(c)that failure is intentional or is due to his being reckless as to whether he complies or not,
and for this purpose “at serious risk” means being subject to a risk of death or serious injury which is likely to materialise.
(2) Any person guilty of an offence under this regulation shall be liable—
(a)on summary conviction to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or both.
(3) A person is not guilty of an offence under this regulation in respect of any failure to comply with the workplace fire precautions legislation which is the subject of an enforcement notice.