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The Plant Health (Phytophthora ramorum) (England) Order 2004

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This is the original version (as it was originally made).

Offences

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15.—(1) A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him—

(a)he contravenes or fails to comply with articles 3 or 5;

(b)he contravenes or fails to comply with a provision or condition of a notice served, or licence granted, under this Order; or

(c)he intentionally obstructs an inspector or any person authorised by an inspector in the exercise of his powers given 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, he—

(a)makes a statement which he 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 he dishonestly issues a false plant passport under this Order.

(4) A person shall be guilty of an offence if he dishonestly 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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