Sea Fish Industry Act 1970

41 Offences against schemes

(1) Any person who contravenes or fails to comply with any provision of, or having effect under, a scheme under this Part of this Act, not being a provision for the levying of contributions, shall, if the scheme provides that a contravention of, or a failure to comply with that provision is to be deemed to be an offence, be liable on summary conviction, in the case of a first offence to a fine not exceeding £5 and, in the case of a second or subsequent offence, to a fine not exceeding £20, and, in either case, to forfeit any herring or herring products in relation to which the offence is committed, or to an additional fine not exceeding the value thereof.

(2) In Scotland the court by which a fine is imposed for an offence under this Part of this Act may, if the court thinks fit, having regard to the prejudicial effect which the commission of the offence has had, or is likely to have, on the operation of a scheme in force under this Part of this Act, direct that the whole or any part of the fine be paid to the Board.

(3) Subsections (1) and (2) above shall have effect in addition to and not in derogation of any provision which may be made by a scheme for the enforcement, otherwise than by way of fine, forfeiture of goods or money or imprisonment, of any provision of, or having effect under, a scheme in force under this Part of this Act, not being a provision for the levying of contributions.