Regulation 4 of the Principal Regulations is amended by substituting the following paragraphs for paragraph (5):
“(5) An undertaking that fails to comply with paragraph (1) or (4) commits an offence.
(5A) An offence under this Regulation is triable either summarily or on indictment.
(5B) If tried summarily, an offence under paragraph (5) is one of strict liability, but if the offence is tried on indictment, it is a defence to establish that reasonable steps were taken to comply with the paragraph concerned.
(5C) An undertaking found guilty of an offence under paragraph (5) is liable on conviction
(a) if the offence is tried summarily, to a fine not exceeding €5,000, or
(b) if the offence is tried on indictment and the undertaking is a body corporate, to a fine not exceeding
(i) €5,000,000,
or
(ii) if 10 per cent of the turnover of the undertaking is greater than that amount, an amount equal to that percentage, or
(c) if the offence is tried on indictment and the undertaking