SCHEDULES
F1SCHEDULE 9ASpecies control agreements and orders (England and Wales)
PART 5Supplementary
Codes of practice
26
1
The Secretary of State must issue a code of practice in relation to species control agreements and orders in England.
2
A code under this paragraph must in particular provide guidance to environmental authorities in England on—
a
when to offer to enter into a species control agreement;
b
how to go about entering into a species control agreement;
c
what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);
d
when to make a species control order;
e
what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);
f
standards of animal welfare to be met in connection with species control agreements and orders.
3
A code under this paragraph may be revised or replaced.
4
Before issuing (or revising or replacing) a code under this paragraph the Secretary of State must carry out a public consultation.
5
The Secretary of State must—
a
ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and
b
lay a copy of a code under this paragraph before Parliament.
27
1
The Welsh Ministers must issue a code of practice in relation to species control agreements and orders in Wales.
2
A code under this paragraph must in particular provide guidance to environmental authorities in Wales on—
a
when to offer to enter into a species control agreement;
b
how to go about entering into a species control agreement;
c
what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);
d
when to make a species control order;
e
what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);
f
standards of animal welfare to be met in connection with species control agreements and orders.
3
A code under this paragraph may be revised or replaced.
4
Before issuing (or revising or replacing) a code under this paragraph the Welsh Ministers must carry out a public consultation.
5
The Welsh Ministers must—
a
ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and
b
lay a copy of a code under this paragraph before the National Assembly for Wales.
28
1
A person's failure to comply with a provision of a code under paragraph 26 or 27 does not make the person liable to civil or criminal proceedings.
2
A code under paragraph 26 or 27—
a
is admissible in evidence in any civil proceedings, and
b
must be taken into account by a court in any civil proceedings in which it appears to the court to be relevant.
Sch. 9A inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(3), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2