The Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006

Offences E+W+S

12.—(1) A person shall be guilty of an offence if, for the purposes of procuring the issue of a certificate 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.

(2) A person shall be guilty of an offence if he—

(a) dishonestly alters a certificate; or

(b) dishonestly creates an instrument which purports to be a certificate.

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

(a) contravenes or fails to comply with any provision in article 3;

(b) contravenes or fails to comply with a notice served under article 10(3); or

(c) intentionally obstructs an inspector in the exercise of his powers given by this Order.

(4) Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a) any director, manager or secretary or other similar officer of the body corporate; or

(b) any person who was purporting to act in any such capacity,

he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(5) For the purposes of paragraph (4), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(6) Where an offence under this Order is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of, a partner, he, as well as the partnership, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(7) Where the commission by any person of an offence under this Order is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.

(8) 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.

Commencement Information

I1 Art. 12 in force at 6.11.2006, see art. 1