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PART VE+W+SSUPPLEMENTARY PROVISIONS

Supplementary provisions as to protection of speciesE+W+S

Attempts and possession of means of committing offenceE+W+S

100.—(1) A person who attempts to commit an offence under Part III of these Regulations is guilty of an offence and punishable in like manner as for that offence.

(2) A person who, for the purposes of committing an offence under Part III of these Regulations, has in his possession anything capable of being used for committing the offence is guilty of an offence and punishable in like manner as for that offence.

(3) References below to an offence under Part III include an offence under this regulation.

Commencement Information

I1Reg. 100 in force at 30.10.1994, see reg. 1(2)

EnforcementS

101.—(1) If a constable suspects with reasonable cause that any person is committing or has committed an offence under Part III of these Regulations, the constable may without warrant–

(a)stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;

(b)[F1search for,] search or examine any thing which that person may then be using or [F2may have used, or may have or have had in his possession,] if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found [F3in or] on that thing;

[F4(ba)arrest that person;]

(c)seize and detain for the purposes of proceedings under that Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under regulation 103.

(2) If a constable suspects with reasonable cause that any person is committing [F5or has committed] an offence under Part III of these Regulations, he may, for the purposes of exercising the powers conferred by paragraph (1) or arresting a person in accordance with section 25 of the Police and Criminal Evidence Act 1984(1) for such an offence, enter any land other than a [F6dwelling or lockfast premises].

(3) If a justice of the peace is satisfied by [F7evidence ] on oath that there are reasonable grounds for suspecting that an offence under regulation 39, 41 or 43 has been committed and that evidence of the offence may be found on any premises, he may grant a warrant to any constable [F8to enter those premises, if necessary using reasonable force, and search them] for the purpose of obtaining that evidence.

In the application of this paragraph to Scotland, the reference to a justice of the peace includes a sheriff.

[F9(4) A warrant under paragraph (3) continues in force until the purpose for which the entry is required has been satisfied or, if earlier, the expiry of such period as the warrant may specify.

(5) A constable authorised by virtue of this regulation to enter any land must, if required to do so by the occupier or anyone acting on the occupier’s behalf, produce evidence of the constable’s authority.

(6) A constable who enters any land in the exercise of a power conferred by this regulation–

(a)may–

(i)be accompanied by any other persons; and

(ii)take any machinery, other equipment or materials on to the land,

for the purpose of assisting the constable in the exercise of that power;

(b)may take samples of any articles or substances found there and remove the samples from the land.

(7) A power specified in paragraph (6)(a) or (b) which is exercisable under a warrant is subject to the terms of the warrant.

(8) A constable leaving any land which has been entered in exercise of a power conferred by paragraph (2) or by a warrant under paragraph (3), being either unoccupied land or land from which the occupier is temporarily absent, must leave it as effectively secured against unauthorised entry as the constable found it.]

Extent Information

E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

Commencement Information

I2Reg. 101 in force at 30.10.1994, see reg. 1(2)

EnforcementE+W

101.—(1) If a constable suspects with reasonable cause that any person is committing or has committed an offence under Part III of these Regulations, the constable may without warrant–

(a)stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;

(b)search or examine any thing which that person may then be using or have in his possession if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that thing;

(c)seize and detain for the purposes of proceedings under that Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under regulation 103.

(2) If a constable suspects with reasonable cause that any person is committing [F15or has committed] an offence under Part III of these Regulations, he may, for the purposes of exercising the powers conferred by paragraph (1) or arresting a person in accordance with [F16section 24] of the Police and Criminal Evidence Act 1984(1) for such an offence, [F17enter any premises other than a dwelling].

[F18(2A) A constable may, for the purpose of assisting him in exercising the powers conferred by paragraphs (1)(b) and (c) when he has entered any premises under paragraph (2), take with him—

(a)any other person; and

(a)any equipment or materials.]

(3) If a justice of the peace is satisfied by information on oath that there are reasonable grounds for suspecting that an offence under [F19 Part III of these Regulations] has been committed and that evidence of the offence may be found on any premises, he may grant a warrant to any constable F20... to enter upon and search those premises for the purpose of obtaining that evidence.

In the application of this paragraph to Scotland, the reference to a justice of the peace includes a sheriff.

Extent Information

E4This version of this provision extends to England and Wales only; a separate version has been created for Scotland only Edit

Textual Amendments

Commencement Information

I6Reg. 101 in force at 30.10.1994, see reg. 1(2)

[F10Constables’ powers in connection with samplesE+W

101A.—(1) A constable who suspects with reasonable cause that a specimen found by him in the exercise of powers conferred by regulation 101 is one in respect of which an offence under Part III of these Regulations is being or has been committed may require a sample to be taken from the specimen.

(2) A constable who suspects with reasonable cause that an offence under Part III of these Regulations is being or has been committed in respect of any specimen (“the relevant specimen”) may require any person to make available for the taking of a sample any other specimen in that person’s possession or control which—

(a)is alleged to be, or

(b)the constable suspects with reasonable cause to be,

a specimen a sample from which will tend to establish the identity or ancestry of the relevant specimen.

(3) Where a sample from a live animal or plant is to be taken pursuant to a requirement under this regulation, any person who has possession or control of the animal or plant must give the person taking the sample such assistance as he may reasonably require for that purpose.

(4) This regulation is subject to regulation 101G (restrictions on taking samples).

(5) In this regulation and regulations 101B, 101E and 101G “specimen” means any animal or plant, or any part of, or anything derived from, an animal or plant.]

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

[F21Application of sections 19ZC and 19ZD of the Wildlife and Countryside Act 1981S

101A.—(1) Subject to paragraphs (2) to (4), sections 19ZC (wildlife inspectors: Scotland) and 19ZD (power to take samples: Scotland) of the Wildlife and Countryside Act 1981 apply, for the purposes of these Regulations.

(2) For the purposes of these Regulations, any reference in section 19ZC or 19ZD of the Wildlife and Countryside Act 1981 to that Act or any part thereof, shall be construed as a reference to these Regulations.

(3) The provisions of section 19ZC of the Wildlife and Countryside Act 1981 apply for the purposes of these Regulations as if–

(a)in subsection (3)–

(i)in paragraph (a), the reference to “section 6, 9(5) or 13(2)” was a reference to regulation [F2239(3)] or 43(2) of these Regulations;

(ii)paragraphs (b) to (d) were omitted; and

(iii)in paragraph (e)(i) and (ii), “registration or” was omitted;

(b)in subsection (4)–

(i)in paragraph (a), for “paragraphs (a) to (c) do” there was substituted “ paragraph (a) does ”;

(ii)in paragraph (a)(i) and (ii) “registration or” was omitted; and

(iii)paragraph (b) was omitted;

(c)in subsection (5), for the words from “section 6” to “14A” there was substituted a reference to regulation [F2339(3)] or 43(2) of these Regulations;

(d)in subsection (6), “bird or other” was omitted in each place where it occurs;

(e)for subsection (9) there was substituted–

“(9) In this section–

“relevant licence” means a licence under regulation 44 of the Conservation (Natural Habitats, &c.) Regulations 1994 which authorises anything which would otherwise be an offence under regulation [F2439(3)] or 43(2) of those Regulations;

“specimen” means any animal or plant or any part of, or anything derived from, an animal or plant.”; and

(f)after subsection (9) there was inserted–

“(10) A person guilty of an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.”.

(4) the provisions of section 19ZD of the Wildlife and Countryside Act 1981 apply for the purposes of these Regulations as if–

(a)in subsection (1)–

(i)the reference to “section 19” was a reference to regulation 101 of these Regulations; and

(ii)the reference to “this Part” was a reference to Part III of these Regulations;

(b)in subsection (2), the reference to “this Part” was a reference to Part III of these Regulations;

(c)in subsection (3)–

(i)for the words from “section 6” to “14A” there was substituted a reference to regulation [F2539(3)] or 43(2) of these Regulations; and

(ii)“to (d)” was omitted;

(d)in subsection (4), for the words from “section 6” to “14A” there was substituted a reference to regulation [F2639(3)] or 43(2) of these Regulations;

(e)in subsection (5), “bird, other” was omitted;

(f)in subsections (6) and (7), “bird or other” was omitted;

(g)in subsection (8), the reference to “section 19(2)” was a reference to regulation 101(2) of these Regulations;

(h)in subsection (10)(b)–

(i)for “a bird, other” there was substituted “ an ”; and

(ii)“bird, other” was omitted; and

(i)after subsection (10) there was inserted–

“(11) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.”.]

Textual Amendments

[F10Offences in connection with constables’ powers to take samplesE+W

101B.—(1) A person commits an offence if, without reasonable excuse, he fails—

(a)to make available any specimen in accordance with a requirement under regulation 101A(2); or

(b)to give any assistance reasonably required under regulation 101A(3).

(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

Wildlife inspectorsE+W

101C.—(1) In regulations 101D to 101I “wildlife inspector” means a person authorised in writing under this regulation by—

(a)the Secretary of State (in relation to England); or

(b)the Welsh Ministers (in relation to Wales).

(2) An authorisation under paragraph (1) is subject to any conditions or limitations specified in it.

Textual Amendments

Powers of wildlife inspectors to enter premisesE+W

101D.—(1) A wildlife inspector may, at any reasonable time, enter and inspect any premises other than a dwelling—

(a)for the purpose of ascertaining whether an offence under regulation 39, 41, 43 or 46A is being or has been committed; or

(b)for the purpose of verifying any statement or representation made, or document or information supplied, by an occupier of the premises in connection with an application for, or the holding of, a licence granted under regulation 44.

(2) The power in paragraph (1) to enter and inspect premises includes power to board and inspect a ship within the coastal sea, subject to paragraphs (3) to (6).

(3) Paragraph (4) applies in relation to—

(a)a third country ship;

(b)a warship which is being used by the government of a State other than the United Kingdom (whether or not it is a third country ship); and

(c)any other ship which is being used by the government of a State other than the United Kingdom for any non-commercial purpose.

(4) A wildlife inspector must not, in the exercise of the power in paragraph (1), board or inspect a ship to which this paragraph applies unless—

(a)in the case of a third country ship (other than a ship which is being used as mentioned in paragraph (3)(b) or (c)), the United Kingdom is entitled under international law to exercise that power without the consent of the flag state; or

(b)the Commissioners have given authority to exercise that power.

(5) The Commissioners must not give their authority under paragraph (4)(b) unless the flag state has consented to the United Kingdom exercising that power (whether generally or in relation to the ship in question).

(6) In giving their authority under paragraph (4)(b), the Commissioners must impose such conditions or limitations on the exercise of the power as may be necessary to give effect to any conditions or limitations imposed by the flag state.

(7) A wildlife inspector shall, if required to do so, produce evidence of his authority before entering any premises under this regulation.

(8) A wildlife inspector entering premises under this regulation may take with him a veterinary surgeon if he has reasonable grounds for believing that such a person will be needed for the exercise of powers under regulation 101E.

(9) In this regulation—

“coastal sea” and “ship” have the same meanings as in regulation 37C;

“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;

“flag state”, in relation to a ship, means the State whose flag that ship is flying or is entitled to fly;

“third country ship” means a ship which—

(a)

is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State; and

(b)

is not registered in a member State.

Textual Amendments

Wildlife inspectors’ powers for examining specimens and taking samplesE+W

101E.—(1) The powers conferred by this regulation are exercisable where a wildlife inspector has entered premises for a purpose mentioned in regulation 101D(1)(a) or (b).

(2) The inspector, or veterinary surgeon accompanying him, may—

(a)for any such purpose, examine any specimen; and

(b)subject to paragraph (3) and regulation 101G, take a sample from it.

(3) No sample may be taken under paragraph (2) from a live animal or plant except for the purpose of establishing its ancestry or identity.

(4) The inspector may require an occupier of the premises to give such assistance as is reasonable in the circumstances for the purpose of—

(a)making an examination under paragraph (2)(a); or

(b)taking a sample under paragraph (2)(b).

(5) The inspector may take and remove from the premises a specimen which is not a live animal or plant, if there are reasonable grounds for believing that it is evidence of an offence under regulation 39, 41, 43 or 46A.

Textual Amendments

Offences in connection with wildlife inspectors’ enforcement powersE+W

101F.—(1) A person commits an offence if he—

(a)intentionally obstructs a wildlife inspector acting in the exercise of powers conferred by regulation 101D or regulation 101E(2) or (5); or

(b)fails without reasonable excuse to give any assistance reasonably required under regulation 101E(4).

(2) A person commits an offence if, with intent to deceive, he falsely pretends to be a wildlife inspector.

(3) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) A person guilty of an offence under paragraph (2) shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or to both; or

(b)on conviction on indictment, to imprisonment not exceeding two years or to a fine, or to both.

Textual Amendments

Restrictions on taking samples from live specimensE+W

101G.—(1) No sample may be taken by virtue of regulation 101A or 101E from a live animal except by a veterinary surgeon.

(2) No sample may be taken by virtue of regulation 101A or 101E from a live animal or plant unless the person taking it is satisfied on reasonable grounds that taking it will not cause lasting harm to the specimen.

Textual Amendments

Codes of practiceE+W

101H.—(1) The Secretary of State (in relation to England) and the Welsh Ministers (in relation to Wales) may—

(a)issue a code of practice in connection with any of the provisions of regulations 101B to 101G; and

(b)revise or replace such a code.

(2) In discharging any function under regulations 101B to 101G—

(a)a wildlife inspector authorised by the Secretary of State must have regard to any relevant provision of a code issued by the Secretary of State;

(b)a wildlife inspector authorised by the Welsh Ministers must have regard to any relevant provision of a code issued by them.

(3) But a wildlife inspector’s failure to have regard to any provision of a code does not make him liable to criminal or civil proceedings.

(4) A code—

(a)is admissible in evidence in any proceedings; and

(b)must be taken into account by any court in any case in which it appears to the court to be relevant.

Textual Amendments

Advice and assistance from nature conservation bodiesE+W

101I.  Natural England (in relation to England) and the Countryside Council for Wales (in relation to Wales) may advise or assist any constable or wildlife inspector in, or in connection with, enforcement action in relation to offences under Part III of these Regulations.]

Textual Amendments

Proceedings for offences: venue, time limitsS

102.—(1) An offence under Part III of these Regulations shall, for the purposes of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.

(2) Summary proceedings [F11for any such offence] may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(3) For the purposes of paragraph (2) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Extent Information

E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

Commencement Information

I3Reg. 102 in force at 30.10.1994, see reg. 1(2)

Proceedings for offences: venue, time limitsE+W

102.—(1) An offence under Part III of these Regulations shall, for the purposes of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.

(2) Summary proceedings for [F27any such offence] may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

F28(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of paragraph (2) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Extent Information

E5This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

Commencement Information

I7Reg. 102 in force at 30.10.1994, see reg. 1(2)

Power of court to order forfeitureE+W+S

103.—(1) The court by which a person is convicted of an offence under Part III of these Regulations–

(a)shall order the forfeiture of any animal, plant or other thing in respect of which the offence was committed; and

(b)may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence.

(2) In paragraph (1)(b) “vehicle” includes aircraft, hovercraft and boat.

Commencement Information

I4Reg. 103 in force at 30.10.1994, see reg. 1(2)

Saving for other protective provisionsE+W+S

104.  Nothing in these Regulations shall be construed as excluding the application of the provisions of Part I of the Wildlife and Countryside Act 1981(2) (protection of wildlife) in relation to animals or plants also protected under Part III of these Regulations.

Commencement Information

I5Reg. 104 in force at 30.10.1994, see reg. 1(2)

[F14Application of criminal offences to the CrownS

104A.—(1) No contravention by the Crown of any provision of these Regulations makes the Crown criminally liable; but the Court of Session may, on the application of any public body or office holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(2) Despite paragraph (1), the provisions of these Regulations apply to persons in the public service of the Crown as they apply to other persons.]

Textual Amendments