Legislation – The Health Protection (Coronavirus, Restrictions) (Aberdeen City) Regulations 2020

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Offences and penalties7.

(1)

A person who contravenes a requirement in regulation 5 F1or 5A commits an offence.

(2)

A person who obstructs any person carrying out a function under these Regulations commits an offence.

(3)

A person who fails to comply with a prohibition notice given by a relevant person under regulation 6 commits an offence.

(4)

It is a defence to a charge of committing an offence under paragraph (1), paragraph (2) or paragraph (3) to show that the person, in the circumstances, had a reasonable excuse.

(5)

A person who commits an offence under this regulation is liable, on summary conviction, to a fine not exceeding the statutory maximum.

(6)

If an offence under this regulation committed by a body corporate is proved—

(a)

to have been committed with the consent or connivance of an officer of the body, or

(b)

to be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) commits the offence and is liable to be prosecuted and proceeded against and punished accordingly.

(7)

In paragraph (6), “officer” in relation to a body corporate means—

(a)

in the case of a company—

(i)

a director, secretary, manager or similar officer, or

(ii)

where the affairs of the company are managed by its members, a member,

(b)

in the case of a limited liability partnership, a member,

(c)

in the case of a partnership other than a limited liability partnership, a partner,

(d)

in the case of another body or association, a person who is concerned in the management or control of its affairs.