The Avian Influenza (Preventive Measures) (Scotland) Regulations 2005

Enforcement and offences S

10.—(1) The following provisions of the Act apply as if these Regulations were an Order made under the Act–

(a) section 60 (duties and authorities of constables);

(b) section 66 (refusal and obstruction);

(c) section 67 (issue of false licences etc.);

(d) section 68 (issue of licences etc. in blank);

(e) section 70 (alteration of licences etc.);

(f) section 71 (other offences as to licences);

(g) section 73 (general offences);

(h) section 77 (money recoverable summarily); and

(i) section 79(1) to (4) (evidence and procedure).

(2) Section 69 of the Act (falsely obtaining licences etc.) shall apply as if licences granted under these Regulations were granted under the Act.

(3) Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been 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,

that director, manager, secretary or officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

(4) For the purposes of paragraph (3), “director” in relation to a body corporate managed by its members, means a member of the body corporate and “body corporate” includes a partnership in Scotland, and, in relation to such a partnership, a reference to a director or other officer of a body corporate is a reference to a partner.

(5) The local authority shall enforce these Regulations unless directed otherwise by the Scottish Ministers pursuant to paragraph (6);

(6) The Scottish Ministers may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (5) shall be discharged by the Scottish Ministers and not by the local authority.

Commencement Information

I1 Reg. 10 in force at 28.10.2005 at midnight, see reg. 1(1)