Construction Occupations (Licensing) Act 2004

A person commits an offence if—

the person gives a rectification undertaking; and

the Magistrates Court makes an order under section 47H (3) in relation to the undertaking; and

the person fails to comply with the order.

Each partner of a partnership commits an offence if—

the partnership gives a rectification undertaking; and

the Magistrates Court makes an order under section 47I (3) in relation to the undertaking; and

the partners, or some of them, fail to comply with the order.

It is a defence to a prosecution for an offence against subsection (2) if the partner proves—

that—

the partner did not know about the failure to comply; and

reasonable precautions were taken, and appropriate diligence was exercised, to avoid the contravention; or

that the partner was not in a position to influence the other partners in relation to the failure to comply.