Penalties and Offences

Serious offences are committed by failing to carry out duties and obligations provided in the various acts and can lead to hefty penalties.

Inspectors have extensive powers under the various acts and most are covered under a system of Notices.

There are Improvement Notices and Prohibition Notices

If an inspector is of the opinion that a person

a) is contravening one or more of the relevant statutory provisions; or
b) has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated,

he may serve an Improvement Notice requiring that person to remedy the contravention within a certain period.

If an inspector is of the opinion that activities under the control of a person, involve or will involve a risk of serious personal injury, he may serve a Prohibition Notice requiring that the activities shall not be carried out until remedial action has been taken. This can take immediate effect.

It is an offence for a person to contravene any requirement of an Improvement or Prohibition notice and could lead to a fine of £20,000, a six month's prison sentence, or both. Contravention of a requirement of an improvement or a prohibition notice can result in an unlimited fine and/or up to two years imprisonment.

For intentional obstruction of an inspector could lead to a fine of £5,000
Penalties can be imposed on any director, manager, secretary or anyone acting in such a capacity.