Section 46 Penalties for offencesI1

Scotland

F1(1)

A person who commits an offence under section 19 or 23 is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £20,000 (or both),

(b)

on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

(2)

A person who commits any other offence under this Part is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale or to both.

(3)

A person who commits an offence under regulations made under this Part F2(other than under regulations made under section 46A) is liable on summary conviction to such penalties, not exceeding the penalties F3mentioned in subsection (4), as are provided for in the regulations.

F4(4)

The penalties referred to in subsection (4) are imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both).

Annotations

Textual amendments

F1: S. 46(1) substituted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 1(2)(a), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F2: Words in s. 46(3) inserted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 1(2)(b)(i), 22(2); S.S.I. 2020/379, reg. 2(1), sch.
F3: Words in s. 46(3) substituted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 1(2)(b)(ii), 22(2); S.S.I. 2020/379, reg. 2(1), sch.
F4: S. 46(4) inserted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 1(2)(c), 22(2); S.S.I. 2020/379, reg. 2(1), sch.

Commencement

I1: S. 46 in force at 6.10.2006 by S.S.I. 2006/482, art. 2