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The Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019

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There are currently no known outstanding effects for the The Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019, Section 31. Help about Changes to Legislation

Fisheries Act (Northern Ireland) 1966N.I.

This section has no associated Explanatory Memorandum

31.—(1) A person may not by reason of the same act or omission be convicted of both—

(a)an offence under this Order; and

(b)an offence under the Fisheries Act (Northern Ireland) 1966 (“the 1966 Act”)(1).

(2) In so far as any act authorised by a licence or a permit under this Order would otherwise be an offence under section 11(5) (fish culture licences) or 13(2) (prohibition of introduction of fish of certain kinds) of the 1966 Act unless authorised by a 1966 Act licence or permit, the licence or permit has effect for the purposes of that Act as if it were a 1966 Act licence or permit, authorising that act to the extent authorised by the licence or permit and (so far as relevant to the offence in question) subject to the conditions to which it is subject, including (in the case of a permit) the conditions specified in paragraphs 2 and 3 of Article 8 (permits) of the Principal Regulation.

(3) In so far as any act authorised by a 1966 Act licence or permit would otherwise be an offence under this Order unless authorised by a permit issued under Article 28(1)(a) or (b), and could have been authorised by such a permit, the 1966 Act licence or permit has effect for the purposes of this Order as if it were a permit under this Order, authorising that act to the extent authorised by the 1966 Act licence or permit, and (so far as relevant to the offence in question) subject to the conditions to which the 1966 Act licence or permit is subject and the conditions specified in paragraphs 2 and 3 of Article 8 of the Principal Regulation.

(4) In so far as any act authorised by a 1966 Act licence or permit would otherwise be an offence under this Order unless authorised by a licence, and could have been authorised by such a licence, the 1966 Act licence or permit has effect for the purposes of this Order as if it were a licence under this Order, authorising that act to the extent authorised by the 1966 Act licence or permit, and (so far as relevant to the offence in question) subject to the conditions to which the 1966 Act licence or permit is subject.

(5) In this Article, “1966 Act licence or permit” means a licence granted under section 11(1) or a permit issued under section 13(3) or 14(1) (exemptions for artificial propagation and scientific purposes) of the 1966 Act.

Commencement Information

I1Art. 31 in operation at 1.12.2019, see art. 1(1)

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