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PART 5SOffences and penalties

OffenceS

18.  Any person—

(a)to whom an animal by-product requirement applies; and

(b)who contravenes or fails to comply with such a requirement,

commits an offence.

Offence of obstructionS

19.  A person is guilty of an offence if that person, in relation to an authorised person acting under these Regulations—

(a)intentionally obstructs the authorised person;

(b)without reasonable cause, fails to give to the authorised person any information or assistance or to provide any facilities that such person may reasonably require;

(c)knowingly or recklessly gives false or misleading information to the authorised person; or

(d)fails to produce a record or document when required to do so by the authorised person.

Offences by bodies corporate, Scottish partnerships and unincorporated associationsS

20.—(1) Where—

(a)an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other unincorporated association; and

(b)it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i)a relevant individual; or

(ii)an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, Scottish partnership or unincorporated association, commits an offence and is liable to be proceeded against and punished accordingly.

(2) In paragraph (1), “relevant individual” means—

(a)in relation to a body corporate—

(i)a director, manager, secretary or other similar officer of the body;

(ii)where the affairs of the body are managed by its members, a member;

(b)in relation to a Scottish partnership, a partner; and

(c)in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

PenaltiesS

21.  A person guilty of an offence under these Regulations is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 12 months or both; or

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or both.