- Latest available (Revised)
- Point in Time (06/04/2011)
- Original (As made)
Version Superseded: 30/11/2017
Point in time view as at 06/04/2011.
There are currently no known outstanding effects for the The Conservation of Habitats and Species Regulations 2010, Cross Heading: Interpretation of Part 3.
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.
47. In this Part—
(a)“the 1997 Regulations” means the Control of Trade in Endangered Species (Enforcement) Regulations 1997 M1;
(b)“the forfeiture provisions” means—
(i)subsection (6) of section 21 M2 (penalties, forfeitures etc.) of the WCA 1981,
(ii)regulation 122 (forfeiture) of these Regulations, or
(iii)regulation 11 (forfeiture) of the 1997 Regulations;
(c)“the implementation date” means—
(i)where the relevant State became a member State before 10th June 1994, 10th June 1994, and
(ii)in any other case, the date on which the relevant State became a member State;
(d)“relevant State” means the State in whose territory—
(i)the animal, or part of it, was taken from the wild, or
(ii)the plant, or part of it, was taken in the wild,
as the case may be;
(e)“the sampling provisions” means—
(i)section 18C M3 (Group 1 offences and licences: examining specimens and taking samples), 18E M4 (Group 2 offences: examining specimens and taking samples) or 19XA M5 (constables' powers in connection with samples) of the WCA 1981,
(ii)regulation 113 (powers in relation to samples: constables) or 114 (powers in relation to specimens and samples: wildlife inspectors) of these Regulations,
(iii)paragraph (3) or (5) of regulation 9 (powers of entry) of the 1997 Regulations, or
(iv)paragraph (2) of regulation 56 (powers relating to specimens) of the 2007 Regulations; and
(f)“the TFEU” means the Treaty on the Functioning of the European Union.
Marginal Citations
M1S.I. 1997/1372, amended by S.I. 2005/1674, 2007/2952 and 2009/1773.
M2A relevant amendment was made to section 21(6) by the Natural Environment and Rural Communities Act 2006 (c. 16) (“the 2006 Act”), paragraph 73(1) of Schedule 11.
M3Section 18C was inserted by the 2006 Act, paragraph 1 of Schedule 5.
M4Section 18E was inserted by the 2006 Act (by the same provisions as inserted section 18C).
M5Section 19XA was inserted by the 2006 Act, paragraph 3 of Schedule 5, and amended by the Criminal Justice and Immigration Act 2008 (c. 4), paragraph 7 of Schedule 26.
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.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: