C9C10 Part III ADMINISTRATION AND ENFORCEMENT
Pts. I-III (ss. 1-39) applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2
Offences
C1C139C143C147C158C194C22934 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.
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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.
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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.
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In subsection (2) above “the relevant amount” means—
a
in the case of an offence under F5section 7 or 14 above, £20,000;
b
in any other case, the statutory maximum.
4
If a person who is—
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.
C5C6C7C13C15C19C25C22C27C31C34C39C37C43C45C49C52C55C60C58C63C67C69C73C76C79C85C82C90C87C94C103C100C96C109C112C106C114C118C120C123C128C131C135C138C141C146C150C152C156C161C163C167C183C173C180C178C175C170C188C192C197C199C202C206C213C209C217C221C224C22736 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.
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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.
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