Part I Wildlife

Miscellaneous

F114AB

Contravention of emergency measures

1

Section (2) applies where regulations made under Article 10 of the Invasive Alien Species Regulation (emergency measures) provide that a restriction set out in one of the following paragraphs of Article 7(1) of that Regulation applies to a species specified in those regulations as it applies to an invasive alien species—

a

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

b

paragraph (c) (breeding, including in contained holding),

c

paragraph (d) (transporting to, from or within Scotland, 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).

2

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 in relation to a species specified in regulations made under Article 10 of the Invasive Alien Species Regulation (emergency measures), and

b

the activity which constitutes that contravention does not constitute an offence under section 14, 14ZC or 14A.

3

Subsections (3) to (5) of section 14AA apply in relation to any contravention of the restriction in relation to a species mentioned in subsection (2)(a) as they apply in relation to a contravention of the corresponding restriction in relation to an invasive alien species.