PART 3Execution and Enforcement

Offences and Penalties16

1

Any person who —

a

contravenes or fails to comply with regulation 3(1), 4(1), 5(1), 12(2) to (5) or 14(1);

b

intentionally obstructs any person acting in the execution of Regulation 1895/2005 or these Regulations;

c

contravenes regulation 12(6), 14(3) or 21(3) or, without reasonable excuse, otherwise fails to give to any person acting in the execution of Regulation 1895/2005 or these Regulations any assistance or information which that person may reasonably require; or

d

in purported compliance with any requirement mentioned in sub-paragraph (c), knowingly or recklessly supplies information that is false or misleading in any material particular,

is guilty of an offence.

2

Anyone guilty of an offence under these Regulations is liable —

a

in the case of an offence under paragraph (1)(a) or (d) —

i

on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or both;

ii

on summary conviction to a term of imprisonment not exceeding six months or to a fine not exceeding the statutory maximum or both;

b

in the case of any other offence under these Regulations on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding level five on the standard scale or both.

3

Nothing in paragraph (1)(c) is to be construed as requiring any person to answer any question or give any information if to do so might incriminate that person.