Offences and penalties5
1
Any person who contravenes regulation 3, or causes or permits another person to contravene that regulation, shall be guilty of an offence.
2
Any person guilty of an offence under paragraph (1) shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale and, on conviction on indictment, to a fine.
3
Where an offence under paragraph (1) committed by a body corporate is proved—
a
to have been committed with the consent or connivance of an officer, or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate shall be guilty of that offence and liable to be proceeded against and punished accordingly.
4
In paragraph (3) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
5
If the affairs of a body corporate are managed by its members, paragraph (3) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
6
Where an offence under paragraph (1) committed by a partnership in Scotland is proved—
a
to have been committed with the consent or connivance of a partner, or
b
to be attributable to any neglect on his part,
the partner as well as the partnership shall be guilty of that offence and liable to be proceeded against and punished accordingly.
7
In paragraph (6) “partner” includes a person purporting to act as a partner.