(1)Subject to the provisions of this Part, if any person releases or allows to escape into the wild any animal which—
(a)is of a kind which is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state; or
(b)is included in Part I of Schedule 9,
he shall be guilty of an offence.
(2)Subject to the provisions of this Part, if any person plants or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 9, he shall be guilty of an offence.
(3)Subject to subsection (4), it shall be a defence to a charge of committing an offence under subsection (1) or (2) to prove that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.
(4)Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as was then in his possession.
(5)Any person authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for the purpose of ascertaining whether an offence under subsection (1) or (2) is being, or has been, committed on that land; but nothing in this subsection shall authorise any person to enter a dwelling.
(6)Any person who intentionally obstructs a person acting in the exercise of the power conferred by subsection (5) shall be guilty of an offence.
Yn ddilys o 01/10/2006
(1)Subject to the provisions of this Part, a person is guilty of an offence if he sells, offers or exposes for sale, or has in his possession or transports for the purposes of sale—
(a)an animal or plant to which this section applies, or
(b)anything from which such an animal or plant can be reproduced or propagated.
(2)Subject to the provisions of this Part, a person is guilty of an offence if he publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell—
(a)an animal or plant to which this section applies, or
(b)anything from which such an animal or plant can be reproduced or propagated.
(3)This section applies to an animal or plant which—
(a)is within section 14(1) or (2) (animals and plants which must not be released etc. into the wild),
(b)is of a description prescribed for the purposes of this section by an order made by the Secretary of State, and
(c)is a live animal or live plant.
(4)An order under subsection (3) may be made in relation to a particular area or a particular time of the year.
(5)Subsections (3) and (4) of section 14 (defence of due diligence etc.) apply to an offence under this section as they apply to an offence under that section.]
Textual Amendments
F1S. 14ZA inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 50, 107; S.I. 2006/2541, art. 2
Yn ddilys o 01/10/2006
(1)The Secretary of State may issue or approve a code of practice relating to—
(a)animals which are not ordinarily resident in and are not regular visitors to Great Britain in a wild state,
(b)animals or plants included in Schedule 9, or
(c)any description of animals or plants mentioned in paragraph (a) or (b).
(2)The Secretary of State may revise or replace a code or approve its revision or replacement.
(3)The Secretary of State must ensure that a code is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it.
(4)A person's failure to comply with a provision of a code does not make him liable to criminal or civil proceedings.
(5)A code—
(a)is admissible in evidence in any proceedings, and
(b)must be taken into account by a court in any case in which it appears to the court to be relevant.]
Textual Amendments
F2S. 14ZB inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 51, 107; S.I. 2006/2541, art. 2
Yn ddilys o 01/10/2004
(1)This section applies to—
(a)any animal of a type mentioned in subsection (1) or (1A) of section 14 specified in an order made by the Scottish Ministers for the purposes of this section; and
(b)any plant—
(i)which does not ordinarily grow in Great Britain in a wild state or which is a hybrid of such a plant; or
(ii)of a type mentioned in subsection (2) of section 14,
specified in such an order.
(2)Subject to the provisions of this Part, any person who—
(a)sells, offers or exposes for sale or has in the person’s possession or transports for the purpose of sale any animal or plant to which this section applies; or
(b)publishes or causes to be published any advertisement likely to be understood as conveying that the person buys or sells, or intends to buy or sell, any such animal or plant,
is guilty of an offence.
(3)An order under subsection (1) may specify particular types of animals or plants—
(a)subject to such exceptions;
(b)only at such times of the year;
(c)only in relation to such areas,
as the order may specify.
Textual Amendments
F3Ss. 14A, 14B inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 13; S.S.I. 2004/407, art. 2
Yn ddilys o 01/10/2004
(1)The Scottish Ministers may issue guidance (or approve guidance issued by others) for the purpose of providing persons with recommendations, advice and information regarding—
(a)any animal of a type mentioned in subsection (1) or (1A) of section 14,
(b)any plant of a type mentioned in subsection (2) of that section or specified in an order under section 14A(1)(b)(i),
and may issue revisions of any guidance issued by them (or approve revisions of guidance issued by others).
(2)A person who fails to comply with any guidance issued or approved under subsection (1) is not by reason only of that failure liable in any criminal or civil proceedings.
(3)But any such guidance is admissible in evidence in such proceedings and a court may take account of any failure to comply with it in determining any questions in the proceedings.]
Textual Amendments
F3Ss. 14A, 14B inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 13; S.S.I. 2004/407, art. 2
(1)The M1Endangered Species (Import and Export) Act 1976 shall have effect subject to the amendments provided for in Schedule 10 ; and in that Schedule “the 1976 Act” means that Act.
(2)The functions of the Nature Conservancy [F4Council][F4Councils] shall include power to advise or assist—
(a)any constable;
(b)any officer commissioned or other person appointed or authorised by the Commissioners of Customs and Excise to exercise any function conferred on the Commissioners by the said Act of 1976; or
(c)any person duly authorised by the Secretary of State under section 7(3) of that Act,
in, or in connection with, the enforcement of that Act or any order made under it.
Textual Amendments
F4Word “Councils” substituted (prosp.) for “Council” by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 132(1)(a), 164(3), Sch. 9 para. 11(3)
Modifications etc. (not altering text)
C1The text of ss. 15(1), 38(6), 40, 46(1)–(3), and 47(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
Yn ddilys o 01/10/2004
(1)Any person who is in possession of any pesticide containing one or more prescribed active ingredient shall be guilty of an offence.
(2)A person shall not be guilty of an offence under subsection (1) if the person shows that the possession of the pesticide was for the purposes of doing anything in accordance with—
(a)any regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48), or
(b)the Biocidal Products Regulations 2001 (S.I. 2001/880) or any regulations replacing those regulations.
(3)In this section—
“pesticide” has the meaning given in the Food and Environment Protection Act 1985 (c. 48), and
“prescribed active ingredient” means an ingredient of a pesticide which fits it for use as such and which is of a type prescribed by order made by the Scottish Ministers.]
Textual Amendments
F5S. 15A inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 14; S.S.I. 2004/407, art. 2