Part 3: Cultural Emblem Section 9: Offence of unauthorised use
This section creates a new offence of unauthorised use of the cultural emblem. This implements the obligation under Article 17 of the Convention to prevent use of the emblem except as authorised by the Convention. It is also an offence to use another design which is capable of being mistaken for the emblem because it so closely resembles it. The offence is punishable by a fine, and proceedings may only be brought with the consent of the Director of Public Prosecutions in England and Wales, or, in Northern Ireland, the Director of Public Prosecutions for Northern Ireland. No consent requirement is made in relation to Scotland as the position of the Lord Advocate as master of the instance in relation to all prosecutions in Scotland means that such provision is unnecessary.