The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019

S.I. 2019/1354 · Made 16 October 2019 · Extends to United Kingdom

Wildlife

Made at 9.59 a.m. on 16th October 2019

Laid before Parliament at 4.00 p.m. on 16th October 2019

Coming into force in accordance with regulation 1(1)

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1.

The Secretary of State is designated for the purposes of that section in relation to—

(a)
the environment M2, and
(b)
wild animals M3.

Annotations to the whole text

Marginal citations

M1: 1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), the Schedule, Part 1. It is prospectively repealed by the European Union (Withdrawal) Act 2018 (c. 16), section 1 from exit day (see section 20 of that Act). Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales.
M2: S.I. 2008/301, which is prospectively revoked by S.I. 2018/1011 from exit day (see section 20 of the European Union (Withdrawal) Act 2018).
M3: S.I. 2014/1890, which is prospectively revoked by S.I. 2018/1011 from exit day (see section 20 of the European Union (Withdrawal) Act 2018).

Part
Part 1: Introductory
1Citation, commencement and extent
Part 2: Amendment of primary legislation
2The Wildlife and Countryside Act 1981
3The Serious Crime Act 2007
Part 3: Amendment of secondary legislation
4The Conservation (Natural Habitats, &c.) Regulations 1994 Repealed
5The Legislative and Regulatory Reform (Regulatory Functions) Order 2007
6The Conservation of Habitats and Species Regulations 2017
7The Economic Growth (Regulatory Functions) Order 2017
Signature
Explanatory note

1Citation, commencement and extentI1

(1)

These Regulations may be cited as the Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019 and come into force 21 days after the day on which they are laid.

(2)

F1Regulation 2 extends to Scotland only.

(3)

Regulation 6 extends to England and Wales only.

2The Wildlife and Countryside Act 1981I1 S

In section 7(3)(c) M1 of the Wildlife and Countryside Act 1981 M2—

(a)

for “Control of Trade in Endangered Species (Enforcement) Regulations 1997 M3 (S.I. 1997/1372)” substitute “ Control of Trade in Endangered Species Regulations 2018 M4 (S.I. 2018/703) ”;

(b)

for “under Regulation 9 of those Regulations” substitute “ under paragraph 2 of Schedule 1 to those Regulations which consists of the conduct specified in the table in that paragraph as the subject-matter of Regulation 8(6) of those Regulations ”.

3The Serious Crime Act 2007I1

In Schedule 1 to the Serious Crime Act 2007 M1, for each of paragraphs 13(4), 16M(4) and 29(4) substitute—

“(4)
An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703).
(5)
An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein M2.”.

4The Conservation (Natural Habitats, &c.) Regulations 1994F1 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5The Legislative and Regulatory Reform (Regulatory Functions) Order 2007I1

In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 M1, in Part 2—

(a)

omit the entry for “Control of Trade in Endangered Species (Enforcement) Regulations 1997”;

(b)

after the entry for “Commission Regulation (EC) No 865/2006 M2” insert—

“Control of Trade in Endangered Species Regulations 2018”.

6The Conservation of Habitats and Species Regulations 2017I1 E+W

(1)

The Conservation of Habitats and Species Regulations 2017 M1 are amended as follows.

(2)

In regulations 44(11)(c) and 48(6)(c), for “1997” substitute “ 2018 ”.

(3)

In regulation 49—

(a)

for the definition of “the 1997 Regulations” substitute—

““the 2018 Regulations” means the Control of Trade in Endangered Species Regulations 2018;”;

(b)

in the definition of “the forfeiture provisions”, for sub-paragraph (b) substitute—

“(b)
regulation 10(a) and (b) of the 2018 Regulations (forfeiture)”;

(c)

in the definition of “the sampling provisions”, for sub-paragraph (b) substitute—

“(b)
regulation 8(3) and (5) of the 2018 Regulations (powers of entry);”.

7The Economic Growth (Regulatory Functions) Order 2017I1

In the Schedule to the Economic Growth (Regulatory Functions) Order 2017 M1, in Part 3—

(a)

omit the entry for “Control of Trade in Endangered Species (Enforcement) Regulations 1997”;

(b)

after the entry for “Commission Regulation (EC) No 865/2006” insert—

“Control of Trade in Endangered Species Regulations 2018”.

Signature

Zac Goldsmith

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

These Regulations update out of date references in primary and secondary legislation to the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) by replacing those references with references to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703).

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.