(g)any circumstances in which the regulator may reduce the amount of the penalty. Actions relating to grey squirrels will not be made exempt from the provisions of the planned Invasive Alien Species (Enforcement and Permitting) Order 2019. The Act was repealed in relation to Scotland by section 25 of, and Part 2 of the Schedule to, the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6). where scientific information is insufficient, by the application of the precautionary principle(, by providing it to any person who asks for it in writing(. Requests in writing can be made to the Centre for International Trade, Animal and Plant Health Agency, Horizon House, Deanery Road, Bristol, BS1 5AH. Where the regulator has reasonable grounds to suspect that a person has committed an offence under Part 2 of this Order, the regulator may accept a written undertaking (an “enforcement undertaking”) given by that person to take such action as may be specified in the undertaking within such period as may be specified. 1992/320, 1992/2674, 1997/226, 1999/1002, 2010/609 and (in relation to Wales) 2015/1180. 18.—(1) It is a defence to a charge of committing an offence to which this article applies for a keeper of a commercial stock of specimens to show that—, (a)the specimens were acquired before their inclusion on the Union list; and, (b)the activity constituting the offence—, (i)was carried out for one of the purposes listed in paragraph (3); and. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. (6) In this article, “relevant permit” means—, (a)for the purposes of paragraph (3)(a), a permit under—. is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state, or, sells, offers or exposes for sale, or has in his possession or transports for the purposes of sale, any specimen of a species included in Part 3 of Schedule 2, or. A stop notice must include information as to—. (3) In this article, “sample” means a sample of blood, tissue or other biological material. Invasive species First Report of Session 2019 Report, together with formal minutes relating to the report Ordered by the House of Commons to be printed 15 October 2019 HC 88 Published on 25 October 2019 by authority of the House of Commons. Article 41 and Schedule 4 make consequential amendments and Article 42 contains a consequential revocation as a result of the Order. if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. (3) A constable or designated customs official may require—, (a)any person travelling in a vehicle, or. on summary conviction, to imprisonment for a term not exceeding six months or to a fine (not exceeding the statutory maximum in Scotland or Northern Ireland, as the case may be), or to both; on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine (not exceeding the statutory maximum in Scotland or Northern Ireland, as the case may be), or to both. Section 18(1), (2) and (6) was repealed by Schedule 7 to the Magistrates’ Court Act (Northern Ireland) 1964 (c. 21 (N.I.)). (a)the stop notice is subsequently withdrawn or amended by the regulator because the decision to serve it was unreasonable or any step specified in the notice was unreasonable; (b)the regulator is in breach of its statutory obligations; (c)the person successfully appeals against the stop notice and the First-tier Tribunal finds that the service of the notice was unreasonable; or. Section 164(5) was inserted by section 10(3) of the Finance Act 1988 (c. 39). (2) The requirement to give notice does not apply—. (a)withdraw a compliance notice, restoration notice or stop notice, or amend the steps specified in such a notice in order to reduce the amount of work necessary to comply with the notice; (b)withdraw a notice imposing a fixed monetary penalty; or. (b)publish a report setting out the conclusions of the review. examine, photograph or mark any part of the premises or any object on the premises; open any bundle, container, package, packing case or item of personal luggage, or require the owner or any person in charge of it to open it in the manner specified by the enforcement officer; make copies of any documents or records (in whatever form they may be held); and, produce any document or record that is in that person’s possession or control; and. (a)the invasive alien species to which the licence relates; (b)where the licensing authority considers it appropriate, the number or volume of specimens to which the licence relates; (c)the conditions subject to which the action authorised by the licence may be taken and in particular—. Regulation (EU) 1143/2014 on invasive alien species(the IAS Regulation) entered into force on 1 January 2015, fulfilling Action 16 of Target 5 of the EU 2020 Biodiversity Strategy,as well as Aichi Target 9 of the Strategic Plan for Biodiversity 2011-2020under the Convention of Biological Diversity. This Order gives effect to Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species (OJ No. as the enforcement officer considers necessary. 1996/1374 and 2011/2292. the scientific and common names of the invasive alien species to which the permit relates; the number or the volume of specimens concerned; the purpose for which the permit has been issued; and, the codes of Combined Nomenclature as provided by Regulation. 20.—(1) A person guilty of an offence under this Order is liable—. Schedule 3 was amended by Schedule 13 to the Criminal Justice Act 1991 (c. 53); and paragraph 51 of Schedule 3, and paragraph 1 of Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44). “(a)a species of animal or plant included on the Union list, (b)an invasive non-native species of animal or plant not falling within sub-paragraph (a), or. any subspecies or lower taxon of a species. the Consolidated Fund, where the regulator is Natural England; and. (3) The regulator must take into account any third party undertaking that it accepts in its decision as to whether or not to serve a final notice, and, if it serves a notice imposing a variable monetary penalty, the amount of the penalty. The Invasive Alien Species (Enforcement and Permitting) Order will come into effect during October 2019. 21.—(1) The regulator must issue a certificate (a “completion certificate”) if, after service of a stop notice, the regulator is satisfied that the person on whom it was served has taken the steps specified in the notice. a compliance notice or restoration notice is served on any person. An impact assessment has not been produced for this instrument in relation to England, Scotland or Northern Ireland as no impact on the private or voluntary sector is foreseen. See the Communication from the Commission on the precautionary principle (COM/2000/0001/Final). bring onto the premises such equipment, vehicles or materials. Abstract. 1980 c. 43. remain on the premises and from time to time re-enter the premises without the enforcement officer; bring onto the premises any equipment or vehicle that the person considers necessary; and. be accompanied by such other persons, and. article 36(2)(d) (licences for the keeping of animals by a facility); any provision in legislation which applies in relation to Scotland and which enables licences to be granted for the keeping of an animal by a facility until the end of its natural life in accordance with Article 31(4) of the Principal Regulation; or. (i)article 35(1)(b) (permits for medicinal activities); (ii)any provision in legislation which applies in relation to Scotland and which enables permits to be issued for scientific production and subsequent medicinal use in accordance with Article 8 of the Principal Regulation; or. (8) An enforcement officer who enters premises by virtue of this article may—. Invasive Alien Species (Enforcement and Permitting) Order SI 2019/527. the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly. Fanwort (otherwise known as Carolina Water-Shield), Primrose, Floating Water (otherwise known as Floating Primrose-willow), Rhubarb, Giant (otherwise known as Chilean Rhubarb), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. to whom it was transferred under article 30(3). (5) In this article, and in article 30, “relevant proof” in relation to the importation or exportation of a relevant organism, means proof—, (a)that the relevant organism is not a specimen; or. require that any relevant organism in the possession of any person is made available for examination by the enforcement officer; in order to determine the identity or ancestry of any relevant organism, require the taking of a sample of that relevant organism, provided that—, where the sample is to be taken from a live animal—, it is taken by a registered veterinary surgeon; and, the taking of the sample will not cause any avoidable pain, distress or suffering; and. at all material times was kept in contained holding and appropriate measures were in place to ensure that the specimen could not reproduce or escape. 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