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Criminal Justice Act 2003

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Changes over time for: Section 307

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Version Superseded: 22/04/2011

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Point in time view as at 20/11/2003. This version of this provision has been superseded. Help about Status

Changes to legislation:

Criminal Justice Act 2003, Section 307 is up to date with all changes known to be in force on or before 27 February 2025. 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. Help about Changes to Legislation

307Enforcement of regulations implementing Community legislation on endangered speciesU.K.

This section has no associated Explanatory Notes

(1)In this section—

  • the 1972 Act” means the European Communities Act 1972 (c. 68);

  • relevant Community instrument” means—

    (a)

    Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating the trade therein, and

    (b)

    Commission Regulation 1808/01/EC on the implementation of the Council Regulation mentioned in paragraph (a).

(2)Regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant Community instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on conviction on indictment with imprisonment for a term not exceeding five years.

(3)In relation to Scotland and Northern Ireland, regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant Community instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.

(4)In Scotland, a constable may arrest without a warrant a person—

(a)who has committed or attempted to commit an offence under regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant Community instrument, or

(b)whom he has reasonable grounds for suspecting to have committed or to have attempted to commit such an offence.

(5)Until the coming into force of paragraph 3 of Schedule 27 (which amends paragraph 1 of Schedule 2 to the 1972 Act), subsection (3) has effect—

(a)with the omission of the words “in relation to Scotland and Northern Ireland”, and

(b)as if, in relation to England and Wales, the definition of “relevant Community instrument” also included Council Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora as amended by the Act of Accession to the European Union of Austria, Finland and Sweden and by Council Directive 97/62/EC.

(6)Any reference in this section to a Community instrument is to be read—

(a)as a reference to that instrument as amended from time to time, and

(b)where any provision of that instrument has been repealed, as including a reference to any instrument that re-enacts the repealed provision (with or without amendment).

Commencement Information

I1S. 307 wholly in force at 21.7.2005; s. 307(1)-(3)(5)(6) in force at Royal Assent, see s. 336(1); s. 307(4) in force at 21.7.2005 by S.I. 2005/1817, art. 3

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