37.—(1) A person commits an offence if the person contravenes or fails to comply with—
(a)paragraphs [F12(1), 2A(1), 2B(2), 2C(3), 4, 7(2) or (4) or 11(1)] of schedule 1,
(b)paragraphs 2(1), (2), (3) or (4) [F2, 4(1) or 48(2)] of schedule 2,
(c)regulations 24(1), 25(1) or 26(1),
F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)a provision of the EU 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 EU legislation specified in Part 3 of schedule 3,
(h)a provision of an EU instrument specified in schedule 4.
(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
F1Words in reg. 37(1)(a) 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(a)
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)
F3Reg. 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)
Commencement Information
I1Reg. 37 in force at 14.12.2019, see reg. 1(1)