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Version Superseded: 31/12/2020
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Wildlife and Countryside Act 1981, Section 14AA is up to date with all changes known to be in force on or before 07 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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—
“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 list of invasive alien species of Union concern adopted by the European Commission in accordance with Articles 4(1) and 10(4) of that Regulation, as amended from time to time.]
Textual Amendments
F1S. 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)
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