- Latest available (Revised)
- Original (As made)
The Plant Health (Potatoes) (Scotland) Order 2006, Section 10 is up to date with all changes known to be in force on or before 05 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
10.—(1) A person shall be guilty of an offence if without reasonable excuse, proof of which shall lie with that person–
(a)that person contravenes or fails to comply with–
(i)article 3;
(ii)article 5 or
(iii)a provision or condition of a notice served, or deemed to be served, on that person under this Order; or
(b)that person intentionally obstructs an inspector or any person acting under the direction of an inspector in exercise of the powers given by or under this Order.
(2) Notwithstanding paragraph (1)(a)(i), a person shall be guilty of an offence if in relation to the notification information required under article 3, that person–
(a)knowingly or recklessly makes a statement which is false in a material particular; or
(b)intentionally fails to disclose any material information.
(3) Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of–
(a)any director, manager or secretary or other similar officer of the body corporate; or
(b)any person who was purporting to act in any such capacity,
that individual, as well as the body corporate, shall be guilty of the offence and be liable to be pr oceeded against and punished accordingly.
(4) For the purposes of paragraph (3), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(5) Where an offence under this Order is committed by a part nership and is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of, a partner, that partner, as well as the partnership, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
(6) Where the commission by any person of an offence under this Order is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceeding s for the offence are taken against the first mentioned person.
(7) Section 136(3) of the Criminal Procedure (Scotland) Act 1995(1) (date of commencement of proceedings) shall apply for the purposes of this article as it applies for the purposes of that section.
Commencement Information
I1Art. 10 in force at 1.7.2006, see art. 1(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Executive 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 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: