Regulation 3(1)
SCHEDULE 1U.K.Offences and penalties
Article 16(1)(j) of the Principal RegulationU.K.
1.—(1) The penalty for the offence specified in sub-paragraph (2) is as follows—
(a)on summary conviction, imprisonment for a maximum term of six months or a fine (not exceeding the statutory maximum in Scotland or Northern Ireland, as the case may be) or both;
(b)on conviction on indictment, imprisonment for a maximum term of five years or a fine or both.
(2) The offence referred to in sub-paragraph (1) is the conduct specified in Article 16(1)(j) of the Principal Regulation in relation to a specimen, in contravention of Article 8 of the Principal Regulation, as follows—
(a)purchasing;
(b)offering to purchase;
(c)acquiring for commercial purposes;
(d)using for commercial gain;
(e)displaying to the public for commercial purposes;
(f)selling;
(g)keeping for sale;
(h)offering for sale;
(i)transporting for sale.
Other offences and penaltiesU.K.
2. The penalty for the offences described in the following table is as follows—
(a)on summary conviction, imprisonment for a maximum term of three months or a fine (not exceeding the statutory maximum in Scotland or Northern Ireland, as the case may be) or both;
(b)on conviction on indictment, imprisonment for a maximum term of two years or a fine or both.
| Column 1Provision of the Principal Regulation or these Regulations | Column 2Subject matter |
|---|---|
| Article 9 of the Principal Regulation | Without reasonable excuse, causing any movement F1... of a live specimen of a species listed in Annex A from the location indicated in the import permit or in any certificate issued in compliance with the Principal Regulation, contrary to the provisions of Article 9 of the Principal Regulation, or the provisions of the Subsidiary Regulation |
| Article 16(1)(b) of the Principal Regulation | Knowingly contravening the stipulations specified on a permit or certificate issued in accordance with the Principal Regulation or the Subsidiary Regulation |
| Article 16(1)(c) of the Principal Regulation | Knowingly or recklessly making a false declaration or providing false information in order to obtain a permit or certificate |
| Article 16(1)(d) of the Principal Regulation | Knowingly or recklessly using a false or invalid permit or certificate or one altered without authorisation as a basis for obtaining a permit or certificate or for any other official purpose in connection with the Principal Regulation or the Subsidiary Regulation |
| Article 16(1)(e) of the Principal Regulation | Knowingly or recklessly making a false import notification |
| Article 16(1)(f) of the Principal Regulation | Without reasonable excuse, causing the shipment of live specimens not properly prepared so as to minimise the risk of injury, damage to health or cruel treatment (as required by Article 9(5) of the Principal Regulation) |
| Article 16(1)(g) of the Principal Regulation | Knowingly using specimens listed in Annex A to the Principal Regulation other than in accordance with the authorisation given at the time of issuance of the permit or subsequently |
| Article 16(1)(k) of the Principal Regulation | Knowingly using a permit or certificate for any specimen other than the one for which it was issued |
| Article 16(1)(l) of the Principal Regulation | Knowingly falsifying or altering any permit or certificate issued in accordance with the Principal Regulation or the Subsidiary Regulation |
| Article 16(1)(m) of the Principal Regulation | Without reasonable excuse failing to disclose the rejection of an application for an import, export or re-export permit or certificate, in accordance with Article 6(3) of the Principal Regulation |
| Regulation 4(6) of these Regulations | Knowingly or recklessly providing a false statement relating to whether a specimen was imported unlawfully or acquired lawfully |
| Regulation 8(6) of these Regulations | Intentionally obstructing entry or, with intent to deceive, pretending to be an authorised person |
Textual Amendments
F1Words in Sch. 1 para. 2 omitted (31.12.2020) by virtue of The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 3(4)