SCHEDULES

SCHEDULE 22Powers to issue directions relating to events, gatherings and premises

PART 3Powers relating to events, gatherings and premises in Scotland

Offences

21

1

A person commits an offence if the person fails without reasonable excuse to comply with a prohibition, requirement or restriction imposed on the person by a direction issued under this Part of this Schedule.

2

A person guilty of an offence under this paragraph is liable—

a

on summary conviction, to a fine not exceeding the statutory maximum, or

b

on conviction on indictment, to a fine.

22

1

Sub-paragraph (2) applies where—

a

an offence under paragraph 21 is committed by—

i

a body corporate,

ii

a Scottish partnership, or

iii

an unincorporated association other than a Scottish partnership, and

b

the commission of the offence involves the connivance or consent of, or is attributable to the neglect of—

i

a relevant individual, or

ii

an individual purporting to act in the capacity of a relevant individual.

2

The individual (as well as the body corporate, partnership or (as the case may be) association) commits the offence.

3

In sub-paragraph (1), “relevant individual” means—

a

in relation to a body corporate (other than a limited liability partnership)—

i

a director, manager, secretary or other similar officer of the body, or

ii

where the affairs of the body are managed by its members, a member,

b

in relation to a limited liability partnership, a member,

c

in relation to a Scottish partnership, a partner,

d

in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.