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The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007
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- Scottish Statutory Instruments
- 2007 No. 80
- PART II
- Regulation 17
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17. After regulation 46 (false statements made for obtaining licence) insert–
“Offence of breaching licence condition
46A.—(1) It is an offence for any person authorised by virtue of a licence granted under regulation 44 on or after 15th May 2007 to contravene, or fail to comply with, any condition imposed on the grant of a licence.
(2) A person shall not be guilty of an offence under paragraph (1) if that person shows that–
(a)that person took all reasonable precautions and exercised all due diligence to avoid commission of the offence; or
(b)the commission of the offence was otherwise due to matters beyond that person’s control.
(3) A person guilty of an offence under paragraph (1) is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or to both.”.
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