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The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019
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- Scottish Statutory Instruments
- 2019 No. 421
- PART 11
- Regulation 37
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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 [F6assimilated direct] 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
F1Reg. 37(1)(a) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 20(1)(a) (with reg. 32)
F2Words in reg. 37(1)(b) substituted (27.6.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 18(b)
F3Word in reg. 37(1)(c) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 20(1)(b) (with reg. 32)
F4Reg. 37(1)(d) omitted (27.6.2020) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 18(c)
F5Word in reg. 37(1)(e) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 20(1)(c) (with reg. 32)
F6Words in reg. 37(1)(g) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 35(3)
F7Reg. 37(1)(ga) inserted (1.10.2023) by The Windsor Framework (Enforcement etc.) Regulations 2023 (S.I. 2023/1056), regs. 1(2), 4(6)
F8Reg. 37(1)(h) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 20(1)(e) (with reg. 32)
Commencement Information
I1Reg. 37 in force at 14.12.2019, see reg. 1(1)
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