The Horse Identification (Scotland) Regulations 2009

PART 3 Enforcement

Enforcement

20.—(1) These Regulations are enforced by the local authority.

(2) The Scottish Ministers may direct, in relation to cases of a particular description or any particular case, that they will enforce these Regulations instead.

(3) In this regulation “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(1).

Powers of entry

21.—(1) An inspector may, on producing a duly authenticated document showing the authority of that inspector, at all reasonable hours, enter any premises (excluding any premises not containing any horse and used only as a dwelling) for the purpose of administering and enforcing these Regulations; and in this regulation “premises” includes any vehicle or container.

(2) An inspector may–

(a) require the production of an identification document and mark it as necessary;

(b) carry out any inquiries;

(c) have access to, and inspect and copy any records (in whatever form they are held) kept under these Regulations;

(d) remove such records to enable them to be copied;

(e) have access to, inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford the inspector such assistance may reasonably be required and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;

(f) mark any animal or other thing for identification purposes; and

(g) be accompanied by–

(i) such other persons as the inspector considers necessary; and

(ii) any representative of the European Commission properly interested in the administration of these Regulations.

(3) It is an offence to deface, obliterate or remove any mark applied under paragraph (2) except under the written authority of an inspector.

(4) If an inspector enters any unoccupied premises, the inspector shall leave them as effectively secured against unauthorised entry as they were before entry.

(5) In this regulation “inspector” means a person appointed as such by a local authority or the Scottish Ministers for the enforcement of these Regulations or under the Animal Health Act 1981(2).

Obstruction

22.—(1) Any person who–

(a) intentionally obstructs any person acting in the execution of these Regulations;

(b) without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purpose of exercising their functions under these Regulations;

(c) furnishes to any person acting in the execution of these Regulations any information knowing it to be false or misleading; or

(d) without reasonable cause, fails to produce a record or identification document when required to do so to any person acting in the execution of these Regulations,

commits an offence.

(2) Nothing in paragraph (1) above is to be construed as requiring any person to answer any question or give any information if to do so might incriminate that person.

Penalties

23.  A person who commits an offence under these Regulations shall be liable–

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 3 months or both; or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or both.

Offences by bodies corporate, partnerships and unincorporated associations

24.—(1) Where an offence under these Regulations committed–

(a) by a body corporate, is proved to have been committed with the consent or connivance of, or is attributable to any neglect on the part of a person who–

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

(ii) was purporting to act in any such capacity,

(b) by a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of a person who–

(i) is a partner; or

(ii) was purporting to act in that capacity; or

(c) by an unincorporated association other than a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who–

(i) is concerned in the management or control of the association; or

(ii) was purporting to act in the capacity of a person so concerned,

the individual (as well as the body corporate, Scottish partnership or, as the case may be, unincorporated association) is guilty of the offence, and is liable to be proceeded against and punished accordingly.

(2) In this regulation “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Revocations

25.  The Horse Passports (Scotland) Regulations 2005(3) and the Horse Passports (Scotland) Amendment Regulations 2007(4) are revoked.

(1)

1994 c. 39, section 2(2) was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).

(2)

1981 c. 22.

(3)

S.S.I. 2005/223, as amended by S.S.I. 2007/217.

(4)

S.S.I. 2007/217.