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Animal Health Act 1981
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Changes over time for: Section 75
Version Superseded: 28/10/2005
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[F175 Penalties for certain summary offencesE+W
(1)This section applies to any offence under this Act for which no penalty is specified.
(2)A person guilty of an offence to which this section applies is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1S. 75 substituted (14.1.2003) by 2002 c. 42, s. 13; S.I. 2002/3044, art. 2
75 Punishment of summary offences not otherwise provided for.S
(1)A person guilty of an offence against this Act for which a penalty is not provided by any other provision of this Act shall be liable on summary conviction—
(a)to a fine not exceeding [F2level 5 on the standard scale]; or
(b)if the offence is committed with respect to more than 10 animals, to a fine not exceeding [F3level 3 on the standard scale] for each animal; or
(c)where the offence is committed in relation to carcases, fodder, litter, dung or other thing (exclusive of animals), to a fine not exceeding [F4level 3 on the standard scale] in respect of every 508 kilogrammes in weight thereof after the first 508 kilogrammes in addition to the first fine not exceeding £400.
(2)An order—
(a)made under this Act, and
(b)expressed to be made for the purpose of preventing the introduction or spreading of rabies into or within Great Britain,
may direct that paragraph (a) of subsection (1) above shall have effect in relation to any summary offence against this Act the existence of which is attributable to the provisions of that order as if for “£400” there were substituted “£1,000”.
(3)That paragraph (a) of subsection (1) shall have effect as provided by subsection (2) above in relation to any summary offence the existence of which is attributable to the provisions of either of the following orders—
(a)M1Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974; and
(b)M2Rabies (Control) Order 1974.
(4)A person convicted of an offence under any of the following provisions of this Act—
section 15(7),
paragraph (a) of section 35(4),
section 66,
section 72, and
section 73,
is liable in the court's discretion on a further conviction for a second or subsequent offence against the same provision to imprisonment for any term not exceeding one month in lieu of the fine to which he is liable under subsection (1) above.
(5)A person convicted of an offence under any of the following provisions of this Act—
section 8(2),
paragraph (b) of section 35(4),
section 67,
section 68,
section 69,
section 70, and
section 71,
is liable in the court's discretion to imprisonment for any term not exceeding 2 months in lieu of the fine to which he is liable under subsection (1) above.
(6)Nothing in this section applies in relation to an offence punishable under section 4 above.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F2Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F3Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F4Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
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