I17 Further enforcement provisions.
1
Subject to subsection (2) below, the provisions of sections F191 to 94 of the M1Control of Pollution Act 1974 (powers of entry, power to obtain information and duty not to disclose information)F1F2section 71 of the Environmental Protection Act 1990 (powers of entry, of dealing with imminent pollution and to obtain information) shall have effect as if the provisions of this Act were provisions of that Act and as if, in those sections, references to a F6relevant authorityF6waste regulation authority were references to a F3disposal authorityF3regulation authority.
F42
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3
A person shall be guilty of an offence under this subsection if he—
a
b
and in paragraph (a) above the words “without reasonable excuse” shall be construed in their application to Scotland, as in their application to England and Wales, as making it a defence for a person against whom proceedings for the failure are brought to show that there was a reasonable excuse for the failure, rather than as requiring the person bringing the proceedings to show that there was no such excuse.
4
A person guilty of an offence under subsection (3) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
Where the commission by any person of an offence under this Act is due to the act or default of some other person, that other person shall also be guilty of the offence; and a person may be charged with and convicted of an offence by virtue of this subsection whether or not proceedings for the offence are taken against any other person.
6
Where a body corporate is guilty of an offence under this Act (including where it is so guilty by virtue of subsection (5) above) in respect of any act or omission which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
7
Where the affairs of a body corporate are managed by its members, subsection (6) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
F48
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