(1)Subject to the provisions of this Part, any person who keeps, has in the person's possession, or has under the person's control—
(a)any invasive animal of a type which the Scottish Ministers, by order, specify; or
(b)any invasive plant of a type so specified,
is guilty of an offence.
(2)An order under subsection (1) may make different provision for different cases and, in particular, for—
(a)different types of invasive animal or invasive plant;
(b)different circumstances or purposes;
(c)different persons;
(d)different times of the year; and
(e)different areas or places.
(3)Subject to subsection (4), it is a defence to a charge of committing an offence under subsection (1) to show that the accused 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 a period ending 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)The Scottish Ministers may, in an order under subsection (1), make provision for or in connection with the compensation of persons who, at the time of the coming into force of the order, may no longer keep, have in their possession or have under their control, an animal or plant.]
Textual Amendments
F1S. 14ZC inserted (S.) (1.5.2012 for specified purposes, 2.7.2012 in so far as not already in force) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 14(3), 43(1) (with s. 41(1)); S.S.I. 2012/116, art. 2(a)(ii); S.S.I. 2012/175, art. 2(1)(a) (with art. 3(3))