Regulation 23 of the Principal Regulations is amended as follows:
(a) by inserting “(1) ” before “The Regulator may”;
(b) by adding the following paragraphs at the end:
“(2) An undertaking that fails to comply with a direction issued to it under paragraph (1) commits an offence.
(3) An offence under paragraph (2) is triable summarily.
(4) In proceedings for an offence under paragraph (2), it is a defence to establish that
(a) reasonable steps were taken to comply with the relevant direction, or
(b) it was not possible for that direction to be complied with.
(5) An undertaking found guilty of an offence under paragraph (2) is liable on conviction to a fine not exceeding €5,000.”.