Part VE+W+S Enforcement, Offences and Proceedings

Offences as to licences, declarations, certificates and instrumentsE+W+S

67 Issue of false licences etc.E+W+S

A person is guilty of an offence against this Act—

(a)who grants or issues a licence, certificate or instrument made or issued, or purporting to be made or issued under or for any purpose of this Act, or of an order of the Minister, or of a regulation of a local authority, which is false in any date or other material particular, unless he shows to the court’s satisfaction that he did not know of that falsity, and that he could not with reasonable diligence have obtained knowledge of it; or

(b)who grants or issues such a licence, certificate or instrument not having, and knowing that he has not, lawful authority to grant or issue it.

Modifications etc. (not altering text)

C14S. 67 applied (with modifications) (W.) (6.7.2006) by The Avian Influenza (Vaccination) (Wales) Regulations 2006 (S.I. 2006/1761), regs. 1(2), 18(1)

68 Issue of licences etc. in blank.E+W+S

A person is guilty of an offence against this Act—

(a)who, with intent unlawfully to evade or defeat this Act, or an order of the Minister, or a regulation of a local authority, grants or issues an instrument being in form a licence, certificate or instrument made or issued under this Act, or such an order or regulation, for permitting or regulating the movement of a particular animal, or the doing of any other particular thing, but being issued in blank, that is to say, not being before its issue so filled up as to specify any particular animal or thing;

(b)who uses or offers or attempts to use for any purpose of this Act, or such an order or regulation, an instrument so issued in blank, unless he shows to the court’s satisfaction that he did not know of it having been so issued in blank, and that he could not with reasonable diligence have obtained knowledge of it.

Modifications etc. (not altering text)

C33S. 68 applied (with modifications) (W.) (6.7.2006) by The Avian Influenza (Vaccination) (Wales) Regulations 2006 (S.I. 2006/1761), regs. 1(2), 18(1)

69 Falsely obtaining licences etc.E+W+S

A person is guilty of an offence against this Act—

(a)who for the purpose of obtaining a licence, certificate or instrument makes a declaration or statement false in any material particular, or

(b)who obtains or endeavours to obtain a licence, certificate or instrument by means of a false pretence,

unless he shows to the court’s satisfaction that he did not know of that falsity, and that he could not with reasonable diligence have obtained knowledge of it.

Modifications etc. (not altering text)

C41S. 69 applied (E.) (28.10.2005 at 12.00 p.m.) by Avian Influenza (Preventive Measures) Regulations 2005 (S.I. 2005/2989), regs. 1, 10(2)

C52S. 69 applied (with modifications) (W.) (6.7.2006) by The Avian Influenza (Vaccination) (Wales) Regulations 2006 (S.I. 2006/1761), regs. 1(2), 18(2)

C53S. 69 applied (with modifications) (W.) (13.11.2006) by Avian Influenza (Preventive Measures) (Wales) Regulations 2006 (S.I. 2006/2803), regs. 1(1), 20(2)

C56S. 69 applied (with modifications) (E.) (14.11.2006) by The Avian Influenza (Vaccination) (England) Regulations 2006 (S.I. 2006/2703), regs. 1(2), 21(2)

[F1 70 Alteration of licences etc. E+W+S

A person is guilty of an offence against this Act, who, with intent unlawfully to evade this Act, or an order of the Minister, or a regulation of a local authority—

(a)alters, or falsely makes, or ante-dates, or counterfeits a licence, declaration, certificate or instrument made or issued, or purporting to be made or issued, under or for any purpose of this Act or such an order or regulation; or

(b)offers or utters such a licence, declaration, certificate or instrument knowing it to be altered, or falsely made, or ante-dated or counterfeited.]

Textual Amendments

Modifications etc. (not altering text)

71 Other offences as to licences.E+W+S

A person is guilty of an offence against this Act—

(a)who, with intent unlawfully to evade this Act, or an order of the Minister, or a regulation of a local authority, does anything for which a licence is requisite under this Act, or such an order or regulation, without having obtained a licence; or

(b)who, where a licence is so requisite, having obtained a licence, with the like intent does the thing licensed after the licence has expired; or

(c)who uses or offers or attempts to use as such a licence—

(i)an instrument not being a complete licence, or

(ii)an instrument untruly purporting or appearing to be a licence,

unless he shows to the court’s satisfaction that he did not know of that incompleteness or untruth, and that he could not with reasonable diligence have obtained knowledge of it.

Modifications etc. (not altering text)

C76S. 71 applied (with modifications) (W.) (6.7.2006) by The Avian Influenza (Vaccination) (Wales) Regulations 2006 (S.I. 2006/1761), regs. 1(2), 18(1)