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Motor Cycle Noise Act 1987

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This is the original version (as it was originally enacted).

ScheduleOffences and Enforcement

Offences

1(1)Any person who contravenes section 1 of this Act shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding the fifth level on the standard scale.

(2)Where the commission by any person of such an offence is due to the act or default of some other person the other person shall be guilty of the offence and may be charged with and convicted of the offence whether or not proceedings are taken against the first-mentioned person.

(3)It shall be a defence to a charge of committing an offence under this paragraph that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.

2(1)Where an offence under paragraph 1 above which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2)Where the affairs of a body corporate are managed by its members sub-paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Enforcement

3It shall be the duty of each weights and measures authority to enforce this Act within its area.

4(1)Schedule 2 to the Consumer Safety Act 1978 (which confers power to enter premises and seize goods) shall have effect in relation to a weights and measures authority exercising its functions under this Act as it has effect in relation to an enforcement authority within the meaning of that Schedule.

(2)In its application by virtue of this paragraph that Schedule shall have effect as if the provisions of section 1 of this Act were relevant provisions.

5Nothing in the preceding provisions of this Schedule authorises a weights and measures authority to institute proceedings in Scotland for an offence.

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