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The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020
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38.—(1) A person commits an offence if the person contravenes or fails to comply with—
(a)regulation F1... 26(1);
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 F3... 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 [F4a] plant health rule);
(f)a provision of any other [F5assimilated direct] legislation specified in Part 3 of Schedule 3;
[F6(fa)a provision of the Windsor Framework (Plant Health) Regulations 2023 specified in Schedule 3A]
F7(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Textual Amendments
F1Words in reg. 38(1)(a) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1628), regs. 1(2)(b), 12(2)(a)
F2Reg. 38(1)(b) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1628), regs. 1(2)(b), 12(2)(b)
F3Word in reg. 38(1)(d) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1628), regs. 1(2)(b), 12(2)(c)
F4Word in reg. 38(1)(e) substituted (31.12.2020) by The Plant Health (Amendment etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1628), regs. 1(2)(b), 12(2)(d)
F5Words in reg. 38(1)(f) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Wales) Regulations 2023 (S.I. 2023/1332), regs. 1(2), 24(3)
F6Reg. 38(1)(fa) inserted (1.10.2023) by The Windsor Framework (Enforcement etc.) Regulations 2023 (S.I. 2023/1056), regs. 1(2), 5(6)
F7Reg. 38(1)(g) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1628), regs. 1(2)(b), 12(2)(f)
Commencement Information
I1Reg. 38 in force at 27.3.2020, see reg. 1
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