The Environmental Authorisations (Scotland) Regulations 2018

Offences

69.—(1) A person commits an offence if the person—

(a) contravenes regulation 7;

(b) is an authorised person and fails to comply with regulation 8;

(c) fails to comply with or contravenes a general binding rule;

(d) fails to comply with or contravenes a condition of a registration;

(e) fails to comply with or contravenes a condition of a permit;

(f) fails to comply with the requirements of a regulatory notice;

(g) fails to comply with the requirements of a revocation notice;

(h) fails to comply, without reasonable excuse, with the requirements of a notice issued under regulation 37(1) (power to require provision of information);

(i) fails to comply with an order made by a court under regulation 75;

(j) makes a statement which that person knows to be false or misleading in a material particular, or recklessly makes a statement which is false or misleading in a material particular, if the statement is made—

(i) in purported compliance with a requirement by an enforcing officer in exercise of that officer’s powers or duties;

(ii) in purported compliance with a requirement imposed by or under these Regulations; or

(iii) for the purpose of obtaining an authorisation, or securing the variation, transfer or surrender of an authorisation;

(k) intentionally makes a false entry in any record required to be kept—

(i) as a condition of an authorisation; or

(ii) in compliance with a requirement imposed by or under these Regulations;

(l) with intent to deceive, forges or uses an authorisation or a document issued or authorised to be issued under a condition of a registration or permit or required for any purpose under a condition of such a registration or permit or makes or possesses a document so closely resembling any such authorisation or document so as to be likely to deceive; or

(m) causes or permits any other person to commit an offence under sub-paragraphs (a) to (k).

(2) A person commits an offence if the person—

(a) refuses, wilfully neglects, or fails without reasonable excuse to attend a hearing which they are required to attend by a notice under paragraph 23 of schedule 4 to give evidence;

(b) wilfully alters, suppresses, conceals, destroys or refuses to produce any book or other document which the person is required, or is liable to be required, to produce by a notice under paragraph 23 of schedule 4; or

(c) causes or permits any other person to commit an offence under sub-paragraph (a) or (b).

(3) A person who commits an offence under paragraph (1) is liable—

(a) on summary conviction—

(i) to a fine not exceeding £40,000 or to imprisonment for a term not exceeding 12 months, or to both; and

(ii) in the case of a continuing offence, to a further fine not exceeding £250 for every day during which the offence is continued after conviction;

(b) on conviction on indictment—

(i) to a fine or to imprisonment for a term not exceeding 5 years, or to both; and

(ii) in the case of a continuing offence to a further fine not exceeding £1,000 for every day during which the offence is continued after conviction.

(4) A person who commits an offence under paragraph (2) is liable on summary conviction to a fine not exceeding level 2 on the standard scale or to imprisonment for a term not exceeding three months, or to both.