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The Plant Health (Phytophthora ramorum) (Wales) Order 2006

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Offences

15.—(1) A person is guilty of an offence if, without reasonable excuse, proof of which lies on him or her—

(a)he or she contravenes or fails to comply with articles 3, 5, 6(1)(a), 6(2), 7(1) or 7(3);

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

(c)he or she intentionally obstructs an inspector or any person authorised by an inspector in the exercise of his or her powers given by or under this Order.

(2) A person is guilty of an offence if, for the purpose of procuring the authority to issue a plant passport under this Order, he or she—

(a)makes a statement which he or she 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 is guilty of an offence if he or she dishonestly issues a false plant passport under this Order.

(4) A person is guilty of an offence if he or she 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 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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