Regulation 5 Offence
(1) A service provider who fails to comply with Regulation 4, 4D or 4E commits an offence and is liable -
(a) on summary conviction, to a class A fine, or
(b) on conviction on indictment, to a fine not exceeding €50,000.
(2) Proceedings for an offence under paragraph (1) may be brought summarily by the competent authority.
(3) If an offence under Regulation 4, 4D or 4E is committed by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person who is a director, manager, secretary or other similar officer of the body, or is a person who was purporting to act in any such capacity, that person as well as the body corporate commits an offence and is liable to be proceeded against and punished as if that person had committed the first-mentioned offence.
(4) If the affairs of a body corporate are managed by its members, paragraph (3) applies in relation to the acts and omissions of a member of the body in connection with the member’s functions of management as if the member were a director or manager of it.