Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020

9Conservation (Natural Habitats, etc.) Regulations 1994: penalties for offencesS

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(1)The Conservation (Natural Habitats, etc.) Regulations 1994 (SI 1994/2716) are amended as follows.

(2)In regulation 39 (protection of certain wild animals), for paragraph (12) substitute—

(12)A person guilty of an offence under this regulation is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both)..

(3)In regulation 41 (prohibition of certain methods of taking or killing wild animals), for paragraph (6) substitute—

(6)A person guilty of an offence under this regulation is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both)..

(4)In regulation 102 (proceedings for offences: venue, time limits), in paragraph (2), after first “offence” insert “ (other than for an offence under regulation 39 or 41) ”.

Commencement Information

I1S. 9 in force at 30.11.2020 by S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)