Regulation 32B Offences and penaltiesF1

(1)

A person commits an offence if that person—

(a)

contravenes anything required of that person in a stop notice,

(b)

obstructs an inspector (or a person accompanying an inspector and acting under the inspector’s instructions) in exercise of the power conferred by regulation 32A,

(c)

supplies to an inspector (or a person accompanying an inspector and acting under the inspector’s instructions) any information knowing it to be false or misleading,

(d)

cultivates a genetically modified organism in contravention of a F2limitation or condition included in a consent to market F3pursuant to regulation 24(7) or a renewed consent to market pursuant to regulation 26(5),

(e)

cultivates a genetically modified organism in contravention of a F4limitation or condition included in a consent or a renewed consent pursuant to regulation 29A(3)(a), or

(f)

cultivates a genetically modified organism or approved product in contravention of a suspension notice issued under regulation 29A(3)(b),(c) or (d).

(2)

It is a defence for a person charged with an offence under paragraph (1) to show that they took all reasonable precautions and exercised all due diligence to avoid committing that offence.

(3)

A person who commits an offence under paragraph (1) is liable—

(a)

on summary conviction, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both, or

(b)

on conviction on indictment, to a fine or to imprisonment for a terms not exceeding 2 years or both.

Annotations

Textual amendments

F1: Pt. 6A inserted (15.3.2019) by The Genetically Modified Organisms (Deliberate Release etc.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/86), regs. 1(1), 16
F2: Words in reg. 32B(1)(d) substituted (28.3.2019) by The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(a), 2(14)(a)(i)
F3: Words in reg. 32B(1)(d) substituted (28.3.2019) by The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(a), 2(14)(a)(ii)
F4: Words in reg. 32B(1)(e) substituted (28.3.2019) by The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/57), regs. 1(2)(a), 2(14)(b)