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The Plant Health (Phytophthora ramorum) (Scotland) Order 2004
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Offences
15.—(1) A person shall be guilty of an offence if that person, without reasonable excuse, proof of which shall lie on that person–
(a)contravenes or fails to comply with articles 3(b), 5, 6(2), 7(1) or 7(3); or
(b)contravenes or fails to comply with a provision or condition of a notice served, or licence granted, under this Order; or
(c)intentionally obstructs an inspector or any person authorised by an inspector in the exercise of the powers conferred on that inspector by or under this Order.
(2) A person shall be guilty of an offence if, for the purpose of procuring the authority to issue a plant passport under this Order, that person–
(a)makes a statement which that person knows to be false in a material particular;
(b)recklessly makes a statement which is false in a material particular; or
(c)intentionally fails to disclose any material information.
(3) A person shall be guilty of an offence if that person knowingly issues a false plant passport under this Order.
(4) A person shall be guilty of an offence if that person knowingly alters a plant passport affixed to susceptible material or re-uses a plant passport for susceptible material which is not the material for which the plant passport was issued.
(5) A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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