PART 5Miscellaneous provisions, enforcement and offences
Penalties44.
(1)
A person guilty of an offence under these Regulations is liable—
(a)
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both, or
(b)
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
(2)
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—
(a)
a qualified person appointed as such for the purposes of these Regulations;
(b)
any director, manager, secretary or other similar person of the body corporate; or
(c)
any person who was purporting to act in any such capacity,
that person is guilty of the offence as well as the body corporate.
(3)
If an offence under these Regulations committed by a partnership is shown—
(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on their part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
(4)
For the purposes of paragraph (2) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(5)
Where an offence that has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership is guilty of the offence.