3. In article 7 (sampling of milk) of the Brucellosis (Scotland) Order 2009(1), after paragraph (5) insert—
“(6) It is an offence for a person, without lawful authority or excuse, proof of which shall lie on that person, to fail to comply with paragraph (1), (1A), (2) or (3).
(7) Where—
(a)an offence under paragraph (6) 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 in the capacity 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.
(8) In paragraph (7), “relevant individual” means—
(a)in relation to a body corporate—
(i)a director, manager, secretary or other similar officer of the body;
(ii)where the affairs of the body are managed by its members, a member;
(b)in relation to a Scottish partnership, a partner;
(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.
(9) A person who commits an offence under paragraph (6) 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 both.”.
S.S.I. 2009/232, amended by S.S.I. 2011/51 and S.S.I. 2014/63.