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).