http://www.legislation.gov.uk/id/ukpga/1990/16/part/III

C9 C10 Part III ADMINISTRATION AND ENFORCEMENT

Annotations:

Modifications etc. (not altering text)

Pts. I-III (ss. 1-39): functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

Pts. I-III (ss. 1-39): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

C10

Pts. I-III (ss. 1-39) applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

Offences

C1 C139 C143 C147 C158 C194 C229 C290 C28634 Time limit for prosecutions.

No prosecution for an offence under this Act which is punishable under section 35(2) below shall be begun after the expiry of—

a

three years from the commission of the offence; or

b

one year from its discovery by the prosecutor,

whichever is the earlier.

35 Punishment of offences.

C2 C3 C4 C11 C14 C17 C23 C20 C26 C29 C38 C32 C35 C41 C44 C47 C53 C50 C56 C59 C62 C65 C68 C71 C74 C77 C80 C83 C89 C86 C92 C98 C101 C95 C110 C107 C104 C113 C116 C119 C122 C125 C127 C130 C133 C136 C140 C144 C148 C151 C154 C159 C162 C165 C184 C174 C168 C177 C171 C181 C186 C190 C195 C198 C201 C204 C211 C208 C215 C219 C222 C225 C230 C233 C239 C236 C242 C251 C246 C258 C262 C254 C265 C272 C277 C268 C280 C283 C287 C2911

A person guilty of an offence under section 33(1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

C12 C14 C18 C21 C24 C26 C30 C36 C38 C33 C42 C44 C48 C51 C54 C57 C59 C62 C66 C68 C72 C75 C78 C81 C84 C89 C86 C93 C108 C95 C102 C105 C111 C99 C113 C117 C119 C122 C126 C127 C130 C134 C137 C140 C145 C149 C151 C155 C160 C162 C166 C174 C185 C177 C172 C182 C169 C187 C191 C196 C198 C201 C205 C212 C208 C216 C223 C220 C226 C230 C236 C240 C234 C243 C251 C247 C255 C262 C259 C277 C269 C273 C280 C266 C284 C287 C2912

A person guilty of any other offence under this Act shall be liable—

a

on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both;

b

on summary conviction, to a fine not exceeding the relevant amount or to imprisonment for a term not exceeding six months or to both.

C12 C14 C18 C21 C24 C26 C30 C36 C38 C33 C42 C44 C48 C51 C54 C57 C59 C62 C66 C68 C72 C75 C78 C81 C84 C89 C86 C93 C108 C95 C102 C105 C111 C99 C113 C117 C119 C122 C126 C127 C130 C134 C137 C140 C145 C149 C151 C155 C160 C162 C166 C174 C185 C177 C172 C182 C169 C187 C191 C196 C198 C201 C205 C212 C208 C216 C223 C220 C226 C230 C236 C240 C234 C243 C251 C248 C255 C262 C259 C274 C277 C269 C280 C266 C284 C2873

In subsection (2) above “the relevant amount” means—

a

in the case of an offence under F5section 7 or 14 above, £20,000;

C292b

in any other case, the statutory maximum.

4

If a person who is—

a

licensed under section 1 of the M1Slaughterhouses Act 1974 to keep a F1. . . knacker’s yard;

F2b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

licensed under section 6 of F3the Slaughter of Animals (Scotland) Act 1980 to use any premises as a knacker’s yard,

is convicted of an offence under Part II of this Act, the court may, in addition to any other punishment, cancel his licence or registration.

C5 C6 C7 C13 C15 C19 C25 C22 C27 C31 C34 C39 C37 C43 C45 C49 C52 C55 C60 C58 C63 C67 C69 C73 C76 C79 C85 C82 C90 C87 C94 C103 C100 C96 C109 C112 C106 C114 C118 C120 C123 C128 C131 C135 C138 C141 C146 C150 C152 C156 C161 C163 C167 C183 C173 C180 C178 C175 C170 C188 C192 C197 C199 C202 C206 C213 C209 C217 C221 C224 C227 C231 C235 C237 C241 C244 C249 C252 C256 C263 C260 C270 C267 C278 C275 C281 C285 C288 C29336 Offences by bodies corporate.

1

Where an offence under this Act 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

any director, manager, secretary or other similar officer of the body corporate; or

b

any person who was purporting to act in any such capacity,

he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

2

In subsection (1) above “director”, in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

C8 C16 C28 C40 C46 C61 C64 C70 C88 C91 C97 C115 C121 C124 C129 C132 C142 C153 C157 C164 C176 C179 C189 C193 C200 C203 C207 C214 C210 C218 C228 C232 C238 C253 C245 C250 C261 C257 C264 C282 C271 C276 C279 C289 C294F4 36A Offences by Scottish partnerships.

Where an offence under this Act which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he, as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.

C9C10 Part III ADMINISTRATION AND ENFORCEMENT