The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021

Offences and penalties

This section has no associated Policy Notes

23.—(1) It is an offence for a person without reasonable excuse—

(a)subject to the exceptions provided for in paragraph (2), to breach a standard licence condition,

(b)to fail to comply with regulations 3 (carrying on a licensable activity without the authority of a licence), 10 (duty to assist in the taking of samples from animals) or 22 (obstruction of inspectors),

(c)to provide to an inspector information required by or under these Regulations which the person knows, or ought reasonably to have known, is to a material extent false or misleading, or

(d)for the purposes of obtaining or holding a licence under these Regulations—

(i)to make a statement required by or under these Regulations to the licensing authority (or someone acting on its behalf) which the person knows, or ought reasonably to have known, is to a material extent false or misleading, or

(ii)recklessly to make a statement required by or under these Regulations to the licensing authority (or someone acting on its behalf) which is to a material extent false or misleading.

(2) A person does not commit an offence by reason of breaching the licence conditions provided for in—

(a)paragraph 3 of schedule 6,

(b)paragraph 3 of schedule 7,

(c)paragraph 3 of schedule 8.

(3) A person who commits an offence under—

(a)paragraph (1)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale,

(b)paragraph (1)(b) to (d) is liable on summary conviction to a fine not exceeding £40,000, or to imprisonment for a term not exceeding 12 months, or both.