The Genetically Modified Organisms (Northern Ireland) Order 1991

OffencesN.I.

15.—(1) It is an offence for a person—

(a)to do anything in contravention of Article 5(1) in relation to something which is, and which he knows or has reason to believe is, a genetically modified organism;

(b)to fail to comply with Article 5(3) when keeping something which is, and which he knows or has reason to believe is, a genetically modified organism;

(c)to do anything in contravention of Article 8(1) or (2) in relation to something which is, and which he knows or has reason to believe is, a genetically modified organism;

(d)to fail to comply with any requirement of Article 6(2), (3)(a), (b) or (c) or (4) in relation to something which is, and which he knows or has reason to believe is, a genetically modified organism;

(e)to fail, without reasonable excuse, to comply with Article 5(5) or (6)[F1 or Article 8(6A);]

F1(f)to contravene any prohibition imposed on him by a prohibition notice;

(g)without reasonable excuse, to fail to comply with any requirement imposed under Article 12;

(h)to prevent any other person from appearing before or from answering any question to which an inspector may, by virtue of Article 12(3), require an answer;

(i)intentionally to obstruct an inspector in the exercise or performance of his powers or duties, other than his powers or duties under Article 14;

(j)intentionally to obstruct an inspector in the exercise of his powers or duties under Article 14;

(k)to fail, without reasonable excuse, to comply with any requirement imposed by a notice under Article 13;

(l)to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made—

(i)in purported compliance with a requirement to furnish any information imposed by or under any provision of this Order; or

(ii)for the purpose of obtaining the grant of a consent to himself or any other person or the variation of a consent;

(m)intentionally to make a false entry in any record required to be kept under Article 5 or 8;

(n)with intent to deceive, to forge or use a document purporting to be issued under Article 8 or required for any purpose thereunder or to make or have in his pos session a document so closely resembling any such document as to be likely to deceive;

(o)falsely to pretend to be an inspector.

(2) It shall be a defence for a person charged with an offence under paragraph (1)(a), (b), (c), (d) or (f) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(3) A person guilty of an offence under paragraph (1)(c) or (d) shall be liable—

(a)on summary conviction, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 6 months, or to both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years, or to both.

(4) A person guilty of an offence under paragraph (1)(f) shall be liable—

(a)on summary conviction, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 6 months, or to both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both.

(5) A person guilty of an offence under paragraph (1)(a) or (b) shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 6 months, or to both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years, or to both.

(6) A person guilty of an offence under paragraph (1)(e), (j), (k), (l), (m) or (n) shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 6 months, or to both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both.

(7) A person guilty of an offence under paragraph (1)(g), (h) or (i) shall be liable on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 3 months, or to both.

(8) A person guilty of an offence under paragraph (1)(o) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(9) Where a person is convicted of an offence under paragraph (1)(b) in respect of his keeping any genetically modified organism, then, if the contravention in respect of which he was convicted is continued after he was convicted he shall be guilty of a further offence and liable on summary conviction to a fine of one-fifth of level 5 on the standard scale for each day on which the contravention is so continued.

(10) Where the commission of an offence under this Article 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 Article whether or not proceedings for the offence are taken against the first-mentioned person.

(11) Proceedings in respect of an offence under this Article shall not be instituted except with the consent of the Director of Public Prosecutions for Northern Ireland.