Food (Scotland) Act 2015

49 Power to make supplementary etc. provision

(1) The Scottish Ministers may by regulations make such supplementary, incidental or consequential provision as they consider appropriate in connection with fixed penalty notices and compliance notices and the carrying out by enforcement authorities and their authorised officers of functions under this Part.

(2) Regulations under subsection (1) may, in particular, include provision—

(a) facilitating, prohibiting or restricting—

(i) the issuing of a fixed penalty notice or compliance notice in respect of a relevant offence arising out of an act or omission in cases where another sanction has been issued or imposed in respect of the same act or omission,

(ii) the issuing or imposing of another sanction in respect of an act or omission in cases where a fixed penalty notice or compliance notice has been issued in respect of a relevant offence arising out of the same act or omission,

(b) for early payment discounts in relation to fixed penalty notices,

(c) applying with modifications, or making provision equivalent to, any of the following provisions of the 1990 Act—

(i) section 20 (offences due to fault of another person),

(ii) section 21 (defence of due diligence),

(iii) section 30(8) (documentary evidence in proceedings for offences),

(iv) section 32 (powers of entry),

(v) section 33 (obstruction etc. of officers),

(vi) section 34 (time limit for prosecutions),

(vii) section 36 (offences by bodies corporate),

(viii) section 36A (offences by partnerships),

(ix) section 40 (power to issue codes of practice),

(x) section 45 (regulations as to charges),

(xi) section 49(3) to (5) (authentication of documents),

(xii) section 50 (service of documents).

(3) Regulations under subsection (1) containing provision referred to in subsection (2)(a) may also make such modifications of sections 38 and 45 as the Scottish Ministers consider necessary or expedient in relation to the case mentioned in subsection (4).

(4) That case is where, in consequence of the provision, a person has been issued with both a fixed penalty notice and a compliance notice in relation to the same relevant offence arising out of the same act or omission.

(5) But the provision which may be made by virtue of subsection (3) does not include provision which has the effect that the person may still be convicted of the offence if the person both—

(a) makes payment in accordance with the fixed penalty notice, and

(b) complies with the requirements of the compliance notice or though failing to comply, does not, by virtue of subsection (2) of section 44, commit an offence under subsection (1) of that section in relation to the notice.

(6) In subsection (2)(a), “another sanction” means—

(a) a fixed penalty notice (in relation to a compliance notice),

(b) a compliance notice (in relation to fixed penalty notice),

(c) an improvement notice under section 10 of the 1990 Act,

(d) an emergency prohibition notice or an emergency prohibition order under section 12 of the 1990 Act, and

(e) an emergency control order under section 13 of the 1990 Act.

(7) The Scottish Ministers may by regulations modify subsection (6).