(1)Every employee, while at work, must co-operate with any person (whether or not the employer) on whom a requirement is imposed by or under any [F1of the relevant statutory provisions] so far as necessary to enable the requirement to be complied with.
(2)Failure to comply with the duty in subsection (1) is an offence.
(3)A person who commits an offence under subsection (2) is liable—
(a)on summary conviction—
(i)to imprisonment for a term not exceeding 12 months (in England and Wales or Scotland) or 6 months (in Northern Ireland),
(ii)to a fine (in England and Wales) or a fine not exceeding the statutory maximum (in Scotland or Northern Ireland), or
(iii)to both;
(b)on conviction on indictment—
(i)to imprisonment for a term not exceeding 2 years,
(ii)to a fine, or
(iii)to both.
[F2(4)In the application of this section in England and Wales, the reference in subsection (3)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).]
(5)In this section—
(a)“employee” and “employer” have the same meanings as in Part 1 of the 1974 Act (see section 53(1) of that Act), F3...
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 102(1) substituted (31.12.2020) by Nuclear Safeguards Act 2018 (c. 15), s. 6(2), Sch. para. 7(a); S.I. 2020/1547, reg. 2(b)
F2S. 102(4) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 26(2)
F3S. 102(5)(b) and word omitted (31.12.2020) by virtue of Nuclear Safeguards Act 2018 (c. 15), s. 6(2), Sch. para. 7(b); S.I. 2020/1547, reg. 2(b)
Commencement Information
I1S. 102 in force at 1.4.2014 by S.I. 2014/251, art. 4