Offences and penaltiesI114

1

A person is guilty of an offence if—

a

the person intentionally obstructs an officer of the Department in the performance of any of the officer’s functions under these Regulations;

b

the person fails without reasonable excuse to comply with a requirement reasonably made by an officer of the Department in the exercise of any power conferred by these Regulations;

c

the person furnishes to an officer of the Department acting in the execution of these Regulations any information knowing it to be false or misleading.

2

For the purposes of these Regulations section 20(2) of the Interpretation Act (Northern Ireland) 1954 applies with the omission of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

3

Where an offence under these Regulations has been committed by a partnership and it is proved that the offence—

a

has been committed with the consent or connivance of a partner; or

b

is attributable to any neglect on the partner’s part,

the partner (as well as the partnership) is guilty of that offence and liable to be proceeded against and punished accordingly.

4

Where any offence under these Regulations has been committed by an unincorporated association (other than a partnership) and it is proved that the offence—

a

has been committed with the consent or connivance of an officer of the association or a member of its governing body; or

b

is attributable to any neglect on the part of such officer or member,

the officer or member (as well as the association) is guilty of that offence and liable to be proceeded against and punished accordingly.

5

A person guilty of an offence under these Regulations is liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to a fine.