- Latest available (Revised)
- Point in Time (23/11/2007)
- Original (As made)
Version Superseded: 01/04/2010
Point in time view as at 23/11/2007. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Conservation (Natural Habitats, &c.) Regulations 1994, Section 101D.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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—
is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State; and
is not registered in a member State.]
Textual Amendments
F1Regs. 101A-101I inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(58) (with reg. 9)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.