Offences and penaltiesI17
1
Any person who contravenes regulation 4(1) or 5, or causes or permits another person to do so, commits an offence.
2
Any person who commits an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
3
Where—
a
an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other unincorporated association; and
b
it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—
i
a relevant individual; or
ii
an individual purporting to act in the capacity of a relevant individual,
the individual as well as the body corporate, Scottish partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.
4
In paragraph (3), “relevant individual” means—
a
in relation to a body corporate—
i
a director, manager, secretary or other similar officer of the body;
ii
where the affairs of the body are managed by its members, a member;
b
in relation to a Scottish partnership, a partner;
c
in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.