The Aquatic Animal Health Regulations (Northern Ireland) 2009

PART 6 OFFENCES AND PENALTIES

False information

45.—(1) It is an offence for a person, for the purpose of procuring the grant of an authorisation, the amendment of an authorisation, the surrender of an authorisation, the registration of a put and take fishery or non-commercial installation under Part 2 or any licence under these Regulations—

(a) to make a statement which that person knows or suspects is false or misleading in a material particular; or

(b) intentionally to fail to disclose any material particular.

(2) It is an offence for a person intentionally to make a false entry in any document or record required to be kept by virtue of an authorisation or a requirement in these Regulations.

Obstruction

46.—(1) It is an offence for a person—

(a) intentionally to obstruct any person acting in the execution of these Regulations;

(b) without reasonable cause, to fail to give any person acting in the execution of these Regulations any assistance or information or to provide any facilities which that person may reasonably require the person to give or provide for the performance of that person’s functions under these Regulations;

(c) knowingly or recklessly to give false or misleading information to any person acting in the execution of these Regulations;

(d) without reasonable cause, to fail to produce any document or record when required to do so by any person acting in the execution of these Regulations.

(2) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question if to do so might incriminate that person.

Offences by bodies corporate, partnerships and unincorporated associations

47.—(1) For the purposes of these Regulations section 20(2) of the Interpretation Act (Northern Ireland) 1954 applies with the omission of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

(2) Where any offence under these Regulations committed by a partnership is proved—

(a) to have been committed with the consent or connivance of a partner; or

(b) to be attributable to any neglect on the partner’s part,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(3) Where any offence under these Regulations committed by an unincorporated association (other than a partnership) is proved—

(a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body; or

(b) to be attributable to any neglect on the part of such an officer or member,

the officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.

Offences due to fault of another person

48.  Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.

Penalties

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

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.