C9C10 Part III ADMINISTRATION AND ENFORCEMENT

Annotations:
Modifications etc. (not altering text)
C9

Pts. I-III (ss. 1-39): functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

Pts. I-III (ss. 1-39): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

C10

Pts. I-III (ss. 1-39) applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

Offences

C134 Time limit for prosecutions.

No prosecution for an offence under this Act which is punishable under section 35(2) below shall be begun after the expiry of—

a

three years from the commission of the offence; or

b

one year from its discovery by the prosecutor,

whichever is the earlier.

35 Punishment of offences.

C2C3C4C11C14C17C23C20C26C29C38C32C35C41C44C47C53C50C56C59C62C65C681

A person guilty of an offence under section 33(1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

C12C14C18C21C24C26C30C36C38C33C42C44C48C51C54C57C59C62C66C682

A person guilty of any other offence under this Act shall be liable—

a

on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both;

b

on summary conviction, to a fine not exceeding the relevant amount or to imprisonment for a term not exceeding six months or to both.

C12C14C18C21C24C26C30C36C38C33C42C44C48C51C54C57C59C62C66C683

In subsection (2) above “the relevant amount” means—

a

in the case of an offence under section 7, 8 or 14 above, £20,000;

b

in any other case, the statutory maximum.

4

If a person who is—

a

licensed under section 1 of the M1Slaughterhouses Act 1974 to keep a F1. . . knacker’s yard;

F2b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

licensed under section 6 of F3the Slaughter of Animals (Scotland) Act 1980 to use any premises as a knacker’s yard,

is convicted of an offence under Part II of this Act, the court may, in addition to any other punishment, cancel his licence or registration.

C5C6C7C13C15C19C25C22C27C31C34C39C37C43C45C49C52C55C60C58C63C67C6936 Offences by bodies corporate.

1

Where an offence under this Act which has been 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—

a

any director, manager, secretary or other similar officer of the body corporate; or

b

any person who was purporting to act in any such capacity,

he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

2

In subsection (1) above “director”, in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

C8C16C28C40C46C61C64C70F4 36A Offences by Scottish partnerships.

Where an offence under this Act which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he, as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.