Criminal Justice Act 2003

307 Enforcement of regulations implementing Community legislation on endangered species

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(b) where any provision of that instrument has been repealed, as including a reference to any instrument that re-enacts the repealed provision (with or without amendment).