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Chapter 12: Offences
Obstruction
1. Section 49 provides that it is an offence to prevent or obstruct any person from doing anything they are authorised or entitled to do under the Act. It is also an offence to refuse, without reasonable excuse, to comply with a request to provide information made under section 10 (examination of records etc.) However if the adult at risk prevents or obstructs a person, or refuses to comply with a request to provide access to any records, then the adult will not have committed an offence.
2. A person found guilty of these offences is liable on summary conviction to:
- a fine not exceeding level 3 on the standard scale, and/or
- imprisonment for a term not exceeding 3 months,
Offences by corporate bodies etc
3. Where an offence, for example obstruction, is committed by a "relevant person" for example a company or similar body, and it can be proved that someone in control of the company knew about the offence or was responsible for the offence because of their neglect, it is possible to take action against the person in control, not only the company or body itself.
4. A "relevant person" for the purposes of this section means:
- a director, manager, secretary or other similar officer of the body,
- a member, where the affairs of the body are managed by its members
- an officer or member of the council
- a partner in a Scottish partnership
- a person who is concerned in the management or control of an unincorporated association other than a Scottish partnership.
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