Chwilio Deddfwriaeth

Chwiliad Uwch

The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

Changes over time for: PART 11

Help about opening options

Version Superseded: 01/01/2024

Status:

Point in time view as at 01/10/2023.

Changes to legislation:

There are currently no known outstanding effects for the The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019, PART 11 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 11 SOffences

GeneralS

37.—(1) A person commits an offence if the person contravenes or fails to comply with—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)paragraphs 2(1), (2), (3) or (4) [F2, 4(1) or 48(2)] of schedule 2,

(c)regulations 24(1)F3... or 26(1),

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)a provision of the F5... Plant Health Regulation specified in Part 1 of schedule 3,

(f)a provision of the Official Controls Regulation specified in Part 2 of schedule 3 in so far as it applies to plants, plant products or other objects which are subject to an EU plant health rule,

(g)a provision in other [F6retained direct] EU legislation specified in Part 3 of schedule 3.

[F7(ga)a provision of the Windsor Framework (Plant Health) Regulations 2023 specified in Schedule 3A]

F8(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) But paragraph (1) does not apply to anything done under, or in accordance with—

(a)an authorisation or permit which is granted under these Regulations or has effect under or by virtue of these Regulations,

(b)an approval granted under regulation 13(6) or an approval referred to in regulation 53(1),

(c)a notice which is given by a plant health inspector or the Scottish Ministers under these Regulations, or has effect under or by virtue of these Regulations.

Textual Amendments

Commencement Information

I1Reg. 37 in force at 14.12.2019, see reg. 1(1)

Failure to comply with requirements of notices etc.S

38.  A person commits an offence if the person fails to comply with—

(a)a provision or condition of a notice which has been served on the person under these Regulations or has effect under or by virtue of these Regulations,

(b)a provision or condition of an authorisation or permit which has been granted to the person under these Regulations or has effect under or by virtue of these Regulations,

(c)a provision or condition of a direction given under these Regulations.

Commencement Information

I2Reg. 38 in force at 14.12.2019, see reg. 1(1)

Defence: reasonable excuse for failure to comply with requirements of notices etc.S

39.  It is a defence for a person charged with an offence under regulation 37 or 38 to show that the person had a reasonable excuse for contravening or failing to comply with the prohibition or requirement in question.

Commencement Information

I3Reg. 39 in force at 14.12.2019, see reg. 1(1)

Provision of false or misleading informationS

40.—(1) A person commits an offence if, for the purposes of obtaining an authorisation or a permit or procuring the issue of a [F9UK plant passport [F10, a Northern Ireland plant health label] or a] certificate, the person—

(a)knowingly or recklessly makes a statement or representation which is false in a material particular,

(b)knowingly or recklessly furnishes a document or information which is false in a material particular,

(c)intentionally fails to disclose any material information.

(2) In this regulation “certificate” means a certificate referred to in Articles 100 [F11or 101] of the F12... Plant Health Regulation.

Textual Amendments

Commencement Information

I4Reg. 40 in force at 14.12.2019, see reg. 1(1)

Improper use of F13... plant passports [F14, Northern Ireland plant health labels] or certificatesS

41.—(1) A person commits an offence if the person—

(a)dishonestly issues a [F15UK] plant passport [F16, a Northern Ireland plant health label] or a certificate,

(b)dishonestly alters a F17... plant passport [F16, a Northern Ireland plant health label] or a certificate,

(c)dishonestly re-uses a F18... plant passport [F16, a Northern Ireland plant health label] or a certificate.

(2) In this regulation, “certificate” has the same meaning as in regulation 40.

Textual Amendments

Commencement Information

I5Reg. 41 in force at 14.12.2019, see reg. 1(1)

Obstruction etc.S

42.—(1) A person commits an offence if the person—

(a)intentionally obstructs a plant health inspector or an authorised person acting in the execution or enforcement of the F19... Plant Health Regulation, the Official Controls Regulation or these Regulations,

(b)fails to give to a plant health inspector or an authorised person acting in the execution or enforcement of the F19... Plant Health Regulation, the Official Controls Regulation or these Regulations any assistance or information which the inspector or authorised person may reasonably require for those purposes,

(c)fails to produce a document or record when required to do so by a plant health inspector or authorised person acting in the execution or enforcement of the F19... Plant Health Regulation, the Official Controls Regulation or these Regulations.

[F20(2) In paragraph (1)—

(a)“authorised person” means a person authorised by the Scottish Ministers,

(b)a reference to the Plant Health Regulation or the Official Controls Regulation includes retained EU law adopted, or regulations made, under the Plant Health Regulation or the Official Controls Regulation and any other retained EU law relating to plant health.]

Textual Amendments

Commencement Information

I6Reg. 42 in force at 14.12.2019, see reg. 1(1)

Defence: reasonable excuse for obstruction etc.S

43.  It is a defence for a person charged with an offence under regulation 42 to show that the person had a reasonable excuse for the obstruction or failure in question.

Commencement Information

I7Reg. 43 in force at 14.12.2019, see reg. 1(1)

Offence relating to the disclosure of information held by Revenue and CustomsS

44.  A person commits an offence if the person discloses any information received from the Commissioners for Her Majesty's Revenue and Customs under regulation 33(1) and—

(a)the information relates to a person whose identity is specified in the disclosure or can be deduced from the disclosure,

(b)the disclosure is for a purpose other than specified in regulation 33(1), and

(c)the Commissioners have not given their prior consent to the disclosure.

Commencement Information

I8Reg. 44 in force at 14.12.2019, see reg. 1(1)

Defence: lawful disclosure of information held by Revenue and CustomsS

45.  It is a defence for a person charged with an offence under regulation 44 to prove that the person reasonably believed that—

(a)the disclosure was lawful, or

(b)the information had previously been made available lawfully.

Commencement Information

I9Reg. 45 in force at 14.12.2019, see reg. 1(1)

Offences by bodies corporate, etc.S

46.—(1) Where—

(a)an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other unincorporated association, and

(b)it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i)a relevant individual, or

(ii)an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, Scottish partnership or unincorporated association commits the offence and is liable to be proceeded against and punished accordingly.

(2) In paragraph (1), “relevant individual” means—

(a)in relation to a body corporate—

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

(ii)where the affairs of the body are managed by its members, a member,

(b)in relation to a Scottish partnership, a partner, or

(c)in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

Commencement Information

I10Reg. 46 in force at 14.12.2019, see reg. 1(1)

PenaltiesS

47.—(1) A person guilty of an offence under regulation 37(1), 38, 40(1), 41(1) or 42(1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) A person guilty of an offence under regulation 44 is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 3 months or a fine not exceeding the statutory maximum (or both),

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

Commencement Information

I11Reg. 47 in force at 14.12.2019, see reg. 1(1)

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill