The Sulphur Content of Liquid Fuels (Scotland) Regulations 2007

Offences and penalties

7.—(1) Any person who contravenes regulations 4(1) or 5, or causes or permits another person to do so, is guilty of an offence.

(2) Any person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3) Where an offence under paragraph (1) committed by a body corporate is proved–

(a) to have been committed with the consent or connivance of an officer; or

(b) to be attributable to any neglect on the part of the officer,

the officer as well as the body corporate is deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.

(4) In paragraph (3) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(5) If the affairs of a body corporate are managed by its members, paragraph (3) shall apply in relation to the acts or defaults of a member in connection with the member’s functions of management as if the member was a director of the body corporate.

(6) Where an offence under paragraph (1) committed by a Scottish partnership is proved–

(a) to have been committed with the consent or connivance of a partner; or

(b) to be attributable to any neglect on the part of a partner,

that partner as well as the partnership is deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.