(1)If, in relation to any variety, a person falsely represents that he is entitled to exercise plant breeders' rights, or any rights derived from such rights, and he knows that the representation is false, or makes it recklessly, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2)It is immaterial for the purposes of subsection (1) above whether or not the variety to which the representation relates is the subject of plant breeders' rights.