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The Electrical Luminous Tube Signs (Scotland) Regulations 1990

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Offences and penalties

8.—(1) Any owner or any occupier of premises where it is proposed to install apparatus who fails without reasonable excuse to ensure that it complies with regulation 3 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) In proceedings for an offence under paragraph (1) of this regulation, it shall be a defence for the person prosecuted to show that the offence resulted from the act or omission of another person.

(3) A person charged shall not be entitled to rely on the defence set out in paragraph (2) of this regulation unless within a period ending 7 clear days before the hearing he has served on the procurator fiscal notice in writing of his intention to do so, identifying the person concerned, or giving such information as he has as will assist in the identification.

(4) Where the commission of an offence by one person is due to the act or omission of another person then proceedings in respect of the offence may be taken against that other person whether or not proceedings are also taken against the first mentioned person; and the other person shall be liable on conviction to the same punishment as might have been inflicted on the first mentioned person if he had been convicted of the contravention.

(5) Any person who fails without reasonable excuse to give a notice required by regulation 5(1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale unless he establishes that some other person duly gave the notice in question.

(6) Any person who fails without reasonable excuse to comply with a notice served on him under regulation 5(2) prohibiting the use of apparatus referred to in the notice shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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