SCHEDULES

[F1SCHEDULE 9BSInvasive alien species: defences and licences

Textual Amendments

Part 2SDefences

Commercial stocksS

3(1)This paragraph applies where—

(a)a person who keeps a commercial stock of specimens of invasive alien species is charged with an offence under section 14ZC, 14A or 14AA,

(b)the charge relates to such a specimen, and

(c)the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

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

(ii)paragraph (d) (transporting to, from or within [F2Scotland], except for transportation of species to facilities in the context of eradication),

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

(iv)paragraph (f) (using or exchanging).

(2)It is a defence to the charge to show that—

(a)the specimen was acquired by the person before the inclusion on the [F3Scottish list of species of special concern] of the species to which the specimen belongs,

(b)the activity to which the charge relates was not carried out after the end of the relevant period following the inclusion on [F4the Scottish list of species of special concern] to which the specimen belongs, and

(c)that activity is mentioned in sub-paragraph (3).

(3)The activities referred to in sub-paragraph (2)(c) are—

(a)sale or transfer to an establishment which holds a relevant licence or permit, provided that the conditions in paragraph (4) are met,

(b)a scientific or medicinal activity pursuant to a relevant licence or permit, provided that the conditions in paragraph (4) are met,

(c)destruction (in the case of a plant, fungus or micro-organism) or humane killing (in the case of an animal) of the specimen to exhaust the keeper’s stock, or

(d)sale or transfer to a non-commercial user, provided that the conditions in paragraph (4) are met.

(4)The conditions referred to in sub-paragraph (3) are that, at all material times—

(a)the specimen was kept and transported in contained holding, and

(b)appropriate measures were in place to ensure that it could not reproduce or escape.

(5)For the purposes of sub-paragraph (2)(b), the relevant period is—

(a)in relation to an activity mentioned in sub-paragraph (3)(a) to (c), 2 years,

(b)in relation to an activity mentioned in sub-paragraph (3)(d), 1 year.

(6)In sub-paragraph (3), “relevant licence or permit” means—

(a)for the purposes of sub-paragraph (3)(a)—

(i)a licence granted under section 16(4)(c) by virtue of paragraph 6(b)(i) or (ii),

(ii)a permit granted under section 35(1)(a) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

(iii)a permit granted under any provision in legislation which applies in relation to Northern Ireland and enables permits to be issued for research or ex-situ conservation in accordance with Article 8 of the Invasive Alien Species Regulation,

(b)for the purposes of sub-paragraph (3)(b)—

(i)a licence granted under section 16(4)(c) by virtue of paragraph 6(b)(iii),

(ii)a permit granted under article 35(1)(b) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527),

(iii)a permit granted under any provision in legislation which applies in relation to Northern Ireland and enables permits to be issued for scientific production and subsequent medicinal use in accordance with Article 8 of the Invasive Alien Species Regulation.]

Textual Amendments