Part 4Marine licensing
Offences
39Breach of requirement for, or conditions of, licence
1
A person who—
a
contravenes section 20(1), or
b
fails to comply with any condition of a marine licence,
commits an offence.
2
A person who is bound by a condition of a licence by virtue of section 29(5) is not to be taken as having failed to comply with the condition unless the requirements of subsection (3) are satisfied.
3
The requirements are that—
a
the Scottish Ministers have served the person with a notice under this subsection which specifies the condition together with a period (which must be a reasonable period, in all the circumstances of the case) within which the person must comply with the condition,
b
the person has failed to comply with the condition within that period.
4
A person guilty of an offence under subsection (1) is liable—
a
on summary conviction, to a fine not exceeding £50,000,
b
on conviction on indictment, to a fine or to imprisonment for a period not exceeding 2 years, or to both.