Animal Health Act 1981

Changes over time for: Section 75

Alternative versions:

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[F1 75 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

Modifications etc. (not altering text)

C1S. 75 applied (W.) (28.10.2005 at 17:20) by The Avian Influenza (Preventive Measures) (Wales) Regulations 2005 (S.I. 2005/2985), regs. 1, 10(1)(h)

C2S. 75 applied (E.) (28.10.2005 at 12.00 p.m.) by Avian Influenza (Preventive Measures in Zoos) Regulations 2005 (S.I. 2005/2990), regs. 1, 7(1)(h)

C3S. 75 applied (W.) (28.10.2005 at 17:20) by The Avian Influenza (Preventive Measures in Zoos) (Wales) Regulations 2005 (S.I. 2005/2984), regs. 1, 7(1)(h)

C4S. 75 applied (E.) (28.10.2005 at 12.00 p.m.) by Avian Influenza (Preventive Measures) Regulations 2005 (S.I. 2005/2989), regs. 1, 10(1)(h)

C5S. 75 applied (W.) (9.12.2005) by The Avian Influenza (Preventive Measures) (Wales) (No. 2) Regulations 2005 (S.I. 2005/3384), regs. 1, 10(1)

C6S. 75 applied (E.) (with modifications) (9.12.2005) by Avian Influenza (Preventive Measures) (No.2) Regulations 2005 (S.I. 2005/3394), regs. 1(2), 13

C7S. 75 applied (W.) (9.12.2005) by The Avian Influenza (Preventive Measures in Zoos) (Wales) (No. 2) Regulations 2005 (S.I. 2005/3385), regs. 1, 7(1)

C8S. 75 applied (with modifications) (W.) (1.2.2006) by The Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006 (S.I. 2006/180), regs. 1(2), 36(3)

C9S. 75 modified (E.) (23.2.2006) by Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006 (S.I. 2006/183), regs. 1(2), 37(3)

C10S. 75 applied (with modifications) (S.) (23.2.2006) by Foot and Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006 (S.S.I. 2006/45), regs. 1(1), 41(3)

C11S. 75 applied (with modifications) (W.) (6.7.2006) by The Avian Influenza (Vaccination) (Wales) Regulations 2006 (S.I. 2006/1761), regs. 1(2), 18(3)

C12S. 75 applied (E.) (13.11.2006) by The Avian Influenza (Preventive Measures) (England) Regulations 2006 (S.I. 2006/2701), regs. 1(2), 20(3)

C13S. 75 applied (W.) (with modifications) (13.11.2006) by Avian Influenza (Preventive Measures) (Wales) Regulations 2006 (S.I. 2006/2803), regs. 1(1), 20(3)

C14S. 75 applied (with modifications) (W.) (14.11.2006) by The Avian Influenza (Vaccination) (Wales) (No.2) Regulations 2006 (S.I. 2006/2932), regs. 1(2), 21(3)

C15S. 75 applied (with modifications) (E.) (14.11.2006) by The Avian Influenza (Vaccination) (England) Regulations 2006 (S.I. 2006/2703), regs. 1(2), 21(3)

C16S. 75 applied (with modifications) (E.) (6.4.2008) by Products of Animal Origin (Disease Control) (England) Regulations 2008 (S.I. 2008/465), art. 1(c)reg. 21(2)

C17S. 75 applied (with modifications) (W.) (3.6.2008) by The Products of Animal Origin (Disease Control) (Wales) Regulations 2008 (S.I. 2008/1275), regs. 1, 21(2)

[F275Penalties and time limits for certain offences: ScotlandS

(1)This section applies to any offence under this Act for which no penalty is specified by any other provision of this Act.

(3)Proceedings for an offence to which this section applies may be brought within the period of 6 months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor's knowledge.

(4)No such proceedings may be brought more than 3 years—

(a)after the commission of the offence; or

(b)in the case of an offence involving a continuous contravention, after the last date on which the offence was committed.

(5)It shall be competent in a prosecution of an offence involving a continuous contravention to include the entire period during which the contravention occurred.

(6)For the purposes of this section proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted provided that the warrant is executed without undue delay.

(7)A certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the prosecutor's knowledge is conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed is to be treated as being so signed unless the contrary is proved.]