s 5 Provisions tors ental
(1) If a person— (a) without reasonable excuse fails to comply with any of the requirements of section 4 of this Act, or (b) in a statement under that section or in any document prepared for the purposes of subsection (5) or subsection (6) of that section includes anything which to his knowledge is false in a material particular, or recklessly includes anything which is false in a material particular, he shall be liable on summary conviction to a fine not exceeding twenty pounds. (2) If an employer has failed to give the statement required under subsection (1) or subsection (4) of the said section 4 within the time limited by that section then, without prejudice to the bringing of proceedings under the foregoing subsection, the employee may by notice in writing to the employer require him, within a period of not less than one week from receipt of the notice, to make good his default, and if the default continues after the expiration of that period, the employer shall be liable on summary conviction, in the case of a first offence under this subsection to a fine not exceeding twenty pounds, and in the case of a second or subsequent offence under this subsection to a fine not exceeding one hundred pounds. (3) If an employee’s employment terminates within the time limited by the said section 4 for giving a statement required under subsection (1) or subsection (4) of that section, and before the statement is given, no offence is committed under this section in respect of the failure to give the statement. (4) Where an offence under this section committed by a ‘body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect -on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting ‘to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded cagainst and punished accordingly. In this subsection, the expression “director ”, in relation to any body corporate which is established by or under any enactment for the purpose of carrying on under national ‘ownership any industry or part of an industry or undertaking and whose affairs are managed by the members thereof, means a member of that body. (5) The Minister shall have power by order to provide that the said section 4 shall have effect as if such further particulars as may be specified in the order were included in the particulars to be included in a statement under that section. (6) An order under the last foregoing subsection may contain ‘such transitional and other supplemental and incidental provisions, including provisions amending subsection (1) of the ‘said section 4, as appear to the Minister to be expedient, and ‘may be varied or revoked by a further order so made. Any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.