Section 48(4)

The defence in paragraph (3) does not apply— in respect of the offences in regulation 47(2)(a) and (b) if— the plant or part in question is a plant, or part of a plant, of a European protected species, or the thing in question is derived from such a plant; and the plant, part or thing in question was in the defendant's possession or control, or transported by the defendant, for the purpose of sale or exchange; or in respect of the offences in regulation 47(2)(c) and (d), if the plant or part in question is a plant, or part of a plant, of a European protected species, or the thing in question is derived from such a plant.

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Source: legislation.gov.uk · retrieved 2026-07-30