PART 5E+WOffences and penalties
Compliance with animal by-product requirementsE+W
17. A person who fails to comply with an animal by-product requirement commits an offence.
ObstructionE+W
18. It is an offence—
(a)intentionally to obstruct an authorised person;
(b)without reasonable cause, to fail to give to an authorised person any information or assistance or to provide any facilities that such person may reasonably require;
(c)knowingly or recklessly to give false or misleading information to an authorised person; or
(d)to fail to produce a record or document when required to do so by an authorised person.
Corporate, partnership and unincorporated association offencesE+W
19.—(1) Where—
(a)an offence under these Regulations has been committed by a body corporate or a partnership or Scottish partnership or other unincorporated association; and
(b)it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, a relevant individual (including an individual purporting to act in the capacity of a relevant individual),
the relevant individual as well as the body corporate, partnership, Scottish partnership or unincorporated association, is guilty of the offence and is liable to be proceeded against and punished accordingly.
(2) In paragraph (1), “relevant individual” means—
(a)in relation to a body corporate—
(i)a director, manager, secretary or other similar officer of the body;
(ii)where the affairs of the body are managed by its members, a member;
(b)in relation to a partnership or Scottish partnership, a partner;
(c)in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.
(3) Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought against the partnership or association in the name of the partnership or association.
(4) For the purpose of proceedings pursuant to paragraph (3) the following provisions apply as if the partnership or unincorporated association were a body corporate—
(a)rules of court relating to the service of documents;
(b)section 33 of the Criminal Justice Act 1925(); and
(c)Schedule 3 to the Magistrates’ Courts Act 1980().
(5) A fine imposed on a partnership or unincorporated association on its conviction of an offence under these Regulations is to be paid out of the funds of the partnership or association.
PenaltiesE+W
20. A person guilty of an offence under these Regulations is liable—
(a)on summary conviction, to a fine ... or to imprisonment not exceeding three months or both; or
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.
Textual Amendments
Commencement Information