The Motor Cycles Etc. (Replacement of Catalytic Converters) Regulations 2009

PART 1 PROVISIONS AS TO OFFENCES

Offences and penalties

1.—(1) If a person contravenes a regulation or paragraph specified in sub-paragraph (2), that person commits an offence.

(2) The regulations and paragraphs are—

(a) regulation 4(1) (supplying a catalytic converter or an assembly of catalytic converters);

(b) regulation 5(1) (installing a catalytic converter or an assembly of catalytic converters);

(c) paragraph 4 of this Schedule (obstructing etc. an officer); and

(d) paragraph 5(10) of this Schedule (purporting to act as an officer).

(3) But a contravention of a regulation referred to in sub-paragraph (2)(a) and (b) is only an offence if the person contravenes the regulation in the course of that person’s business.

(4) A person guilty of an offence shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Defence

2.—(1) In proceedings against any person for any offence under these Regulations it shall be a defence for that person (P) to show that all reasonable steps were taken and all due diligence exercised by P to avoid committing the offence.

(2) Where in any proceedings for such an offence the defence provided by sub-paragraph (1) involves an allegation that the commission of the offence was due to—

(a) the act or default of another, or

(b) reliance on information given by another,

P shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland the trial diet), a notice has been served by P under sub-paragraph (3) on the person bringing the proceedings.

(3) A notice under this sub-paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of P.

(4) P shall not be entitled to rely on the defence provided by sub-paragraph (1) by reason of reliance on information supplied by another, unless P shows that it was reasonable in all the circumstances to have relied on the information, having regard in particular to—

(a) the steps which P took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b) whether P had any reason to disbelieve the information.

Liability of persons other than principal offender

3.—(1) Where the commission by any person of an offence under these Regulations is due to an act or default committed by some other person in the course of that other person’s business, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this sub-paragraph whether or not proceedings are taken against the first-mentioned person.

(2) Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of sub-paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person who was purporting to act in any such capacity,

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

(3) Where the affairs of a body corporate are managed by its members, sub-paragraph (2) shall apply in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member was a director of the body corporate.

(4) Where a Scottish partnership is guilty of an offence under these Regulations (including where it is so guilty by virtue of sub-paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner in the partnership, both the partner and the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.