- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Control of Trade in Endangered Species Regulations 2018, SCHEDULE 1.
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.
Regulation 3(1)
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.
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)
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.
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: