PART 11Offences relating to plant health legislation

GeneralI138

1

A person commits an offence if the person contravenes or fails to comply with—

a

regulation 24(1), 25(1) or 26(1);

b

paragraph 2 or 4 of Schedule 1;

c

paragraphs 2(1) or (2), 5(1) or (2), 11(1), 12(1), 13(1), 14(1), 15, 20(1), 21(7), 22(2), 27(1), 28(7), 29(2) or 31(2) of Schedule 2;

d

a provision of the EU Plant Health Regulation specified in Part 1 of Schedule 3;

e

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

f

a provision of any other EU legislation specified in Part 3 of Schedule 3;

g

a provision of an EU emergency decision 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 54(1);

c

a notice which is given by a plant health inspector or an appropriate authority under these Regulations, or has effect under or by virtue of these Regulations.