Offences4

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 [1978 NI 9.] 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) F1and (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).