The Conservation of Habitats and Species Regulations 2010

Interpretation of Part 3

47.  In this Part—

(a) “the 1997 Regulations” means the Control of Trade in Endangered Species (Enforcement) Regulations 1997(1);

(b) “the forfeiture provisions” means—

(i) subsection (6) of section 21(2) (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(3) (Group 1 offences and licences: examining specimens and taking samples), 18E(4) (Group 2 offences: examining specimens and taking samples) or 19XA(5) (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.

(1)

S.I. 1997/1372, amended by S.I. 2005/1674, 2007/2952 and 2009/1773.

(2)

A 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.

(3)

Section 18C was inserted by the 2006 Act, paragraph 1 of Schedule 5.

(4)

Section 18E was inserted by the 2006 Act (by the same provisions as inserted section 18C).

(5)

Section 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.