Vaccination
Enforcement and offences26
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 64 (powers of inspectors as to poultry);
c
section 66 (refusal and obstruction);
d
section 67 (issue of false licences etc.);
e
section 68 (issue of licences etc. in blank);
f
section 70 (alteration of licences etc.);
g
section 71 (other offences as to licences);
h
section 73 (general offences), but no contravention of, or failure to comply with, a provision of these Regulations by the Scottish Ministers, a local authority, a veterinary inspector or an inspector shall constitute a contravention for the purposes of that section;
i
section 77 (money recoverable summarily); and
j
section 79(1) to (4) (evidence and procedure),
and as if the definition of poultry in section 87 of the Act was extended to include all birds.
2
Section 69 of the Act (falsely obtaining licences etc.) applies as if licences granted under these Regulations were granted under an Order made under the Act.
3
A person who, by virtue of these Regulations is guilty of an offence under the Act, is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
4
If an offence committed by a body corporate is shown–
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on the officer's part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
5
If the affairs of a body corporate are managed by its members, paragraph (4) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body.
6
“Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
7
“Body corporate” includes a partnership in Scotland and, in relation to such a partnership, a reference to an officer of a body corporate is a reference to a partner.
8
Subject to paragraph (9), these Regulations shall be enforced by the local authority.
9
The Scottish Ministers may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under paragraph (8) shall be discharged by the Scottish Ministers and not by the local authority.