Radiological Protection Act, 1991

Offences and penalties.

40.—(1) A person who contravenes a provision of an order made under section 30 or a regulation or order made under section 32 of this Act shall be guilty of an offence under this Act.

(2) A person who is guilty of an offence under this Act shall be liable:

(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment,

(b) on conviction on indictment, other than for an offence under section 38 of this Act, to a fine not exceeding £100,000 or to imprisonment for a term not exceeding 10 years, or to both,

(c) on conviction on indictment for an offence under section 38 of this Act, to a fine not exceeding £1,000,000 or to imprisonment for life or other term decided by the court or to both, and

(d) in every case on conviction on indictment, to the forfeiture of the substance, device or apparatus in respect of which the offence was committed.

(3) Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been so committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person being a director, manager, secretary, member of the committee of management or other controlling authority of any such body, or being any other similar officer of any such body, that person shall also be guilty of an offence and shall be liable to be proceeded against and punished accordingly.