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The Avian Influenza (Survey Powers) (Scotland) Regulations 2004

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Offences and penalties

6.—(1) If any person–

(a)intentionally obstructs an inspector (or anyone assisting an inspector in accordance with regulation 4(1)(g)) in the exercise of the powers conferred by regulation 4 (1)(a) to (f); or

(b)knowingly provides to an inspector or anyone assisting an inspector acting in the execution of these Regulations any information which is false or misleading;

that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) If any person–

(a)fails to comply with any other requirement imposed on that person under these Regulations; or

(b)contravenes any prohibition contained in these Regulations;

that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Where a body corporate or a partnership 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 be attributable to any neglect on the part of–

(a)any director, manager, secretary or other similar officer of the body corporate;

(b)any person who was purporting to act in any such capacity; or

(c)in the case of a partnership, a partner or person who was purporting to act as such,

any such person, as well as the body corporate or partnership, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(4) For the purposes of paragraph (3), “director”, in relation to a body corporate whose affairs are managed by its members, includes a member of the body corporate.

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