PART 6Offences and penalties
Offences22
1
A person commits an offence if the person contravenes any of the following provisions—
a
regulation 4(1) or (2) (requirement for certificate or temporary certificate);
b
Schedule 1 (additional requirements);
c
a provision of the EU Regulation specified in Schedule 2 (provision of the EU Regulation), except where it is not necessary to comply with the provision by virtue of—
i
an exemption or transitional provision specified in the EU Regulation; or
ii
a derogation granted by a competent authority under Article 18(3) in relation to a depopulation operation; or
d
until 8th December 2019, Schedule 3 (transitional provisions) to the extent that it applies by virtue of regulation 27.
2
A person commits an offence if the person fails to comply with an enforcement notice served under regulation 21.
3
A person commits an offence if the person—
a
intentionally obstructs a person acting in execution of the EU Regulation or these Regulations;
b
without reasonable cause, fails to give such a person any assistance or information which that person reasonably requires;
c
provides to such a person information knowing it to be false or misleading; or
d
fails to produce a document or record to such a person when required to do so.
4
A person commits an offence if the person provides information or makes a declaration, knowing it to be false or misleading, in order to obtain a certificate.
Bodies corporate, Scottish partnerships and unincorporated associations23
1
Where—
a
an offence under regulation 22 has been committed by a body corporate or a Scottish partnership or other unincorporated association; and
b
it is proved that the offence was committed with the consent or connivance of or was attributable to any neglect on the part of—
i
a relevant individual; or
ii
an individual purporting to act on behalf of a relevant individual,
the individual as well as the body corporate, Scottish partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1) “relevant individual” means—
a
in relation to a body corporate—
i
a director, manager, secretary or other similar officer of the body; or
ii
where the affairs of the body are managed by its members, a member;
b
in relation to a Scottish partnership, a partner; and
c
in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.
Penalties24
1
A person guilty of an offence under regulation 22(1)(b), (c) or (d) is liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months, or both.
2
A person guilty of an offence under regulation 22(1)(a), (2), (3) or (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.