Wildlife and Countryside Act 1981

[F1 14AA Contravention of Invasive Alien Species Regulation S

(1) A person commits an offence under this section if—

(a) the person contravenes a paragraph of Article 7(1) of the Invasive Alien Species Regulation mentioned in subsection (2) in relation to an invasive alien species, and

(b) the activity which constitutes that contravention does not constitute an offence under section 14, 14ZC or 14A.

(2) The paragraphs referred to in subsection (1)(a) are—

(a) paragraph (b) (keeping, including in contained holding),

(b) paragraph (c) (breeding, including in contained holding),

(c) paragraph (d) (transporting to, from or within the Union, except for the transportation of species to facilities in the context of eradication),

(d) paragraph (e) (placing on the market),

(e) paragraph (f) (using or exchanging),

(f) paragraph (g) (permitting to reproduce, growing or cultivating, including in contained holding),

(g) paragraph (h) (releasing into the environment).

(3) Subject to subsection (4), it is a defence to a charge of committing an offence under this section to show that the person 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 omission of another person, the person charged must not, without leave of the court, be entitled to rely on the defence unless, within the period of 7 days before the hearing, the person has served on the prosecutor a notice giving such information or assisting in the identification of the other person as was then in the person’s possession.

(5) Schedule 9B contains provision about defences to a charge of committing an offence under—

(a) this section, or

(b) section 14ZC or 14A, where the activity to which the charge relates contravenes Article 7(1) of the Invasive Alien Species Regulation.

(6) In this section [F2 and section 14AB]—

• “Invasive Alien Species Regulation” means Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species,

• “invasive alien species” means a species, sub-species or lower taxon of animal, plant, fungus or micro-organism included on the [F3 Scottish list of species of special concern].]

• [F4 “the Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time.]

Textual Amendments

F1 S. 14AA inserted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(2)

F2 Words in s. 14AA(6) inserted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(2)(a)(i)

F3 Words in s. 14AA(6) substituted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(2)(a)(ii)

F4 Words in s. 14AA(6) inserted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(2)(b)