The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006

Offences in respect of contravention of Part 3, Part 4 and Part 6

58.  For regulation 115(1) substitute—

“Offences in respect of contravention of Part 3, Part 4 and Part 6 regulations

115.— (1) A person is guilty of an offence—

(a) if he contravenes any of the provisions specified in paragraph (2), or

(b) if he is an appropriate supervisor of a person (P) who fails to comply with any of those provisions and he failed to take appropriate steps.

(2) Those provisions are regulations 45C(4), 45D(4), 45E(3), 45F(3), 61(3), 61(14), 92(9), 94(3), 95(2), 96(2), 97(2), (4) and (6), 97A(4), (6) and (8), 98(9), 99(3), (5) and (7), 100(3) and (5), 101(6), 103(3), 104(3), 105(4), 106(3), 107(3) and (8), 108(5), 109(3), 109A(6), (8) and (10), 112(4) and (5) and 113(5) and (6)(2).

(3) P is not guilty of an offence under paragraph (1) if—

(a) he has an appropriate supervisor, and

(b) he has complied with all the requirements imposed on him by his appropriate supervisor.

(4) A person who is not P or an appropriate supervisor is not guilty of an offence under paragraph (1) if he takes all reasonable steps to ensure that he complies with the provisions specified in paragraph (2).

(5) In paragraphs (1)(b) and (3)—

(a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the provisions in paragraph (2).

(6) A person guilty of an offence as mentioned in paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”.

(1)

Part 6 including regulation 115 was inserted by S.I. 2002/1871. Regulation 115 was amended by S.I. 2006/752.

(2)

Regulations 45C, 45D, 45E and 45F are inserted by regulation 18 of these Regulations. Regulation 61 is substituted by regulation 56 of these Regulations. Part 6 including regulations 92, 94, 95, 96, 97, 98, 99, 100, 101, 103, 104, 105, 106, 107, 108, 109, 112 and 113 were inserted by S.I. 2002/1871. Regulations 97A and 109A were inserted by S.I. 2006/752. Regulations 96(2), 97(2), (4) and (6), 99(3), (5) and (7), 107(3), 109(3), (8) and (10) were amended by S.I. 2006/752.