Regulatory Reform (Scotland) Act 2014 (asp 3)

PART 3 ENVIRONMENTAL REGULATION

CHAPTER 3 COURT POWERS

Publicity orders

36 Power to order conviction etc. for offence to be publicised

(1) This section applies where a person is convicted by a court of a relevant offence.

(2) The court may, instead of or in addition to dealing with the person in any other way, make an order (a “publicity order”) requiring the person to publicise in a specified manner—

(a) the fact that the person has been convicted of the relevant offence,

(b) specified particulars of the offence,

(c) specified particulars of any other sentence passed by the court in respect of the offence.

(3) A publicity order is to be taken to be a sentence for the purposes of any appeal.

(4) The court may make a publicity order—

(a) at its own instance, or

(b) on the motion of the prosecutor.

(5) In deciding on the terms of a publicity order that it proposes to make, the court must have regard to any representations made by the prosecutor or by or on behalf of the person.

(6) A publicity order—

(a) must specify a period within which the requirement to publicise the matters mentioned in paragraphs (a) to (c) of subsection (2) are to be complied with, and

(b) may require the convicted person to supply SEPA, within a specified period, with evidence that that requirement has been complied with.

(7) In subsections (2) and (6), “specified”, in relation to a publicity order, means specified in the order.

(8) A person who fails to comply with a publicity order commits an offence.

(9) A person who commits an offence under subsection (8) is liable—

(a) on summary conviction, to a fine not exceeding £40,000,

(b) on conviction on indictment, to a fine.

37 Corporate offending

(1) Subsection (2) applies where—

(a) an offence under section 36(8) is committed by a relevant organisation, and

(b) the commission of the offence involves the connivance or consent, or is attributable to the neglect, of a responsible official of the relevant organisation.

(2) The responsible official (as well as the relevant organisation) commits the offence.

(3) In this section—

• “a relevant organisation” means—

  (a)

  a company,

  (b)

  a limited liability partnership,

  (c)

  a partnership (other than a limited liability partnership), or

  (d)

  another body or association,

• “a responsible official” means—

  (a)

  in the case of a company, a director, secretary, manager or similar officer of the company,

  (b)

  in the case of a limited liability partnership, a member of the partnership,

  (c)

  in the case of a partnership (other than a limited liability partnership), a partner of the partnership, or

  (d)

  in the case of another body or association, a person who is concerned in the management or control of its affairs,

  and in each case includes a person purporting to act in a capacity mentioned in any of paragraphs (a) to (d) of this definition.