Safety, Health and Welfare At Work Act, 1989

Penalties.

49.—(1) Subject to subsections (2), (3) and (4), a person guilty of an offence under any of the relevant statutory provisions for which no express money penalty is provided shall be liable on summary conviction thereof to a fine not exceeding £1,000.

(2) A person guilty of an offence under section 48 (1) shall be liable—

(a) on summary conviction to a fine not exceeding £1,000, or

(b) on conviction on indictment to a fine.

(3) A person guilty of an offence—

(a) under subsection (6) or (9) of section 48, or

(b) which consists of contravening any of the relevant statutory provisions by doing otherwise than under the authority of a licence issued by the Authority or any other prescribed body something for the doing of which such a licence is necessary under the relevant statutory provisions, or

(c) which consists of contravening a term of or a condition or restriction attached to any such licence as is mentioned in paragraph (b) shall be liable—

(i) on summary conviction to a fine not exceeding £1,000, or

(ii) on conviction on indictment to a fine or, at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

(4) Nothing in this section shall be construed as creating an indictable offence in respect of regulations made under the European Communities Act, 1972.