The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020

The Invasive Alien Species (Enforcement and Permitting) Order 2019

9.—(1) The Invasive Alien Species (Enforcement and Permitting) Order 2019(1) is amended as follows.

(2) After article 3(6), insert—

“(7) Where regulations made under Article 10 of the Principal Regulation(2) (emergency measures) provide that any provision specified in Table 1 of Schedule 1 is to apply in relation to a species specified in those regulations as it applies in relation to an invasive alien species, this Part and Parts 3 to 8 apply in relation to any contravention, or attempted contravention, of any such provision in relation to that species, as they apply in relation to a contravention, or attempted contravention, of that provision in relation to an invasive alien species.”.

(3) In articles 26(7)(a)(ii), 30(3), 30(4)(ii), 30(5)(b)(ii) and 33(3)(ii), for the words “permit or licence” substitute “relevant permit or relevant licence”.

(4) After article 33, insert—

“Meaning of relevant permit and relevant licence

33A.   In this Part—

“relevant licence” means a licence granted in accordance with—

(a)

article 36 (licences for activities relating to invasive alien species) of this Order;

(b)

any provision corresponding to article 36 which applies in relation to Scotland;

(c)

any provision corresponding to article 36 which applies in relation to Northern Ireland;

“relevant permit” means a permit under—

(a)

article 35 (permits for activities relation to invasive species) of this Order;

(b)

any provision corresponding to article 35 which applies in relation to Scotland;

(c)

any provision corresponding to article 35 which applies in relation to Northern Ireland.”.

(5) In Schedule 3, in paragraph 29, at the end insert—

“(4) The provisions in paragraphs 30(2) to (7) and 31 apply to non-compliance penalties served pursuant to this paragraph as they apply to such penalties served pursuant to paragraph 30(1).

(5) For the purposes of sub-paragraph (4), the references to “compliance notice, restoration notice or third party undertaking” in paragraph 30(2) and (5) are to be read as a reference to “enforcement undertaking””.

(1)

S.I. 2019/527, amended by 2019/1213 and 1220.

(2)

EUR 2014/1143 which is prospectively amended by S.I. 2019/223.