xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 Introductory provisions
1.Citation, commencement, extent and application
2.Interpretation
PART 2 Offences
3.Import, keeping, breeding, purchase, release etc. of invasive alien species
3A.Emergency measures
4.False statements
5.Misuse of permits or licences
6.Compliance with permits and licences
7.Obstruction and deception
8.Attempts to commit offences etc.
9.Offences by bodies corporate
10.Offences by Scottish partnerships
11.Offences by partnerships and unincorporated associations
12.Application of offences in the offshore marine area
13.Proceedings for offences: venue and time limits
PART 2A Controls on invasive alien species in the offshore marine area
13A.(1) Subject to paragraph (2), this Order applies (in so...
PART 3 Defences
14.Defences: permits and licences
15.Defences: enforcement activity
16.Transitional provision for non-commercial owners: companion animals
17.Transitional provision for non-commercial owners: commercial stocks
18.Transitional provisions for commercial stocks
19.Defences: due diligence
PART 4 Penalties
20.Penalties etc.
PART 5 Enforcement
21.General
22.Power to stop and search persons
23.Power to enter and search vehicles
24.Powers of entry
25.Examining relevant organisms and taking samples
26.Power of seizure for purposes of investigation etc.
27.Power of seizure to facilitate functions of an enforcement officer
28.Power to use reasonable force
29.Proof of lawful import or export
30.Action following seizure
31.Information sharing
32.Recovery of costs
33.Forfeiture
33A.Meaning of relevant permit and relevant licence
PART 6 Civil sanctions
34.Civil Sanctions
PART 7 Permits
35.Permits for activities relating to invasive alien species
PART 8 Licences
36.Licences for activities relating to invasive alien species
PART 9 Amendments, revocations and effect in relation to other enactments
37.The Destructive Imported Animals Act 1932
38.The Customs and Excise Management Act 1979
39.The Keeping and Introduction of Fish (Wales) Regulations 2014
40.The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015
41.Amendments
42.Revocations
PART 10 Review
43.Review: England
Signature
SCHEDULE 1
Provisions of the Principal Regulation
SCHEDULE 2
Animals and plants to which Articles 3(2) to (4) apply
PART 1 Animals to which the offence in article 3(2) applies
PART 2 Plants to which the offence in article 3(3) applies
PART 3 Species to which the offences in article 3(4) apply
SCHEDULE 3
Civil sanctions
PART 1 Power to impose civil sanctions
1.The regulator
2.Compliance notice
3.Restoration notice
4.Imposition of a fixed monetary penalty
5.Imposition of a variable monetary penalty
6.Notice of intent
7.Combination of penalties
8.Discharge of liability – fixed monetary penalties
9.Making representations and objections
10.Third party undertakings
11.Final notice
12.Contents of final notice: compliance and restoration notices
13.Contents of final notice: fixed and variable monetary penalties
14.Fixed monetary penalty: discount for early payment
15.Appeals against a final notice
16.Fixed monetary penalty: non-payment within the stated payment period
17.Criminal proceedings
PART 2 Stop notices
18.Stop notices
19.Contents of a stop notice
20.Appeals
21.Completion certificates
22.Compensation
23.Offences
PART 3 Enforcement undertakings
24.Enforcement undertakings
25.Contents of an enforcement undertaking
26.Acceptance of an enforcement undertaking
27.Discharge of an enforcement undertaking
28.Inaccurate, incomplete or misleading information
29.Non-compliance with an enforcement undertaking
PART 4 Non-compliance penalties
30.Non-compliance penalties
31.Appeals
PART 5 Withdrawal and amendment of notices
32.Withdrawing or amending a notice
PART 6 Costs recovery
33.Recovery of enforcement costs
PART 7 Appeals
34.Appeals
PART 8 Guidance and publicity
35.Guidance as to use of civil sanctions
36.Consultation on guidance
37.Publication of enforcement action
SCHEDULE 4
Amendments
PART 1 Amendments to primary legislation
1.Wildlife and Countryside Act 1981
PART 2 Amendments to secondary legislation
2.The Prohibition of Keeping of Live Fish (Crayfish) Order 1996
3.The Wildlife and Countryside Act 1981 (Prohibition on Sale etc. of Invasive Non-native Plants (England) Order 2014
Explanatory Note