- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/01/2012)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/05/2012
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(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)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1S. 14(5)(6) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 102, 103(2), Sch. 16 Pt. IV
Modifications etc. (not altering text)
C1S. 14 excluded (E.W.) (21.8.2007) by S.I. 1994/2716, reg. 37C(9) (as inserted by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843) {reg. 5(12)}
C2S. 14 excluded (E.W.) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 52(8)
(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 [F2a hybrid of any animal of that kind] ,
he shall be guilty of an offence.
[F3(1A)Subject to the provisions of this Part, if any person releases or allows to escape from captivity any animal which is—
(a)included in Part I of Schedule 9; or
(b)a hybrid of any animal included in that Part,
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
[F4(a)]included in Part II of Schedule 9 [F5; or
(b)a hybrid of any plant included in that Part]
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.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F2Words in s. 14(1)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.12(a); S.S.I. 2004/407, art. 2
F3S. 14(1A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.12(b); S.S.I. 2004/407, art. 2
F4Words in s. 14(2) renumbered (S.) (1.10.2004) as s. 14(2)(a) by virtue of Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.12(c)(i); S.S.I. 2004/407, art. 2
F5S. 14(2)(b) and preceding word inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para.12(c)(ii); S.S.I. 2004/407, art. 2
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