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22.—(1) It is an offence for a registered person to fail to comply with any of the requirements in the following regulations, as read with regulation 8—
(a)regulation 11,
(b)regulation 16(3), or
(c)regulation 17(3).
(2) A registered person commits an offence if the registered person fails to comply with a requirement of regulation 12, 13(1) to (4) or 14, as read with regulation 8, and such failure results in—
(a)avoidable harm (whether of a physical or psychological nature) to a service user,
(b)a service user being exposed to a significant risk of such harm occurring, or
(c)in a case of theft, misuse or misappropriation of money or property, any loss by a service user of the money or property concerned.
(3) It is an offence for a health service body to fail to comply with regulation 20(2)(a) and (3).
(4) But it is a defence for a registered person, or (in the case of regulation 20(2)(a) and (3)) a health service body, to prove that they took all reasonable steps and exercised all due diligence to prevent the breach of any of those regulations that has occurred.
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