OpenLegislation

The Invasive Alien Species (Enforcement and Permitting) Order 2019

S.I. 2019/527 · Made 7 March 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 27 February 2025.

Wildlife

Made at 1 00 p.m. on 7th March 2019

Laid before Parliament 8th March 2019

Laid before the National Assembly for Wales at 4 00 p.m. on 7th March 2019

Coming into force 1st October 2019

The Secretary of State and Welsh Ministers make this Order in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the 1972 Act”) M1, and by section 22(5) of the Wildlife and Countryside Act 1981 M2.

The Secretary of State has been designated for the purposes of section 2(2) of the 1972 Act in relation to the environment M3, and the Welsh Ministers have been designated for those purposes in relation to the prevention and remedy of environmental damage M4.

This Order makes provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State and the Welsh Ministers that it is expedient for the references to the list of invasive alien species of Union concern adopted by the Commission in accordance with 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 M5 to be construed as references to that list as amended from time to time.

Annotations to the whole text

Marginal citations

M1

1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006. It was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and by S.I. 2007/1388.

M2

1981 c. 69. Section 22(5) was amended by section 25(5) of the Infrastructure Act 2015 (c. 7).

M3

S.I. 2008/301.

M4

S.I. 2014/1890.

M5

OJ No. L317, 4.11.2014, p. 35.

Contents

  1. Part 1: Introductory provisions
  2. 1Citation, commencement, extent and application
  3. 2Interpretation
  4. Part 2: Offences
  5. 3Import, keeping, breeding, purchase, release etc. of invasive alien species
  6. 3AEmergency measures
  7. 4False statements
  8. 5Misuse of permits or licences
  9. 6Compliance with permits and licences
  10. 7Obstruction and deception
  11. 8Attempts to commit offences etc.
  12. 9Offences by bodies corporate
  13. 10Offences by Scottish partnerships
  14. 11Offences by partnerships and unincorporated associations
  15. 12Application of offences in the offshore marine area
  16. 13Proceedings for offences: venue and time limits
  17. Part 2A: Controls on invasive alien species in the offshore marine area
  18. 13AArticle 13A
  19. Part 3: Defences
  20. 14Defences: permits and licences
  21. 15Defences: enforcement activity
  22. 16Transitional provision for non-commercial owners: companion animals
  23. 17Transitional provision for non-commercial owners: commercial stocks
  24. 18Transitional provisions for commercial stocks
  25. 19Defences: due diligence
  26. Part 4: Penalties
  27. 20Penalties etc.
  28. Part 5: Enforcement
  29. 21General
  30. 22Power to stop and search persons
  31. 23Power to enter and search vehicles
  32. 24Powers of entry
  33. 25Examining relevant organisms and taking samples
  34. 26Power of seizure for purposes of investigation etc.
  35. 27Power of seizure to facilitate functions of an enforcement officer
  36. 28Power to use reasonable force
  37. 29Proof of lawful import or export
  38. 30Action following seizure
  39. 31Information sharing
  40. 32Recovery of costs
  41. 33Forfeiture
  42. 33AMeaning of relevant permit and relevant licence
  43. Part 6: Civil sanctions
  44. 34Civil Sanctions
  45. Part 7: Permits
  46. 35Permits for activities relating to invasive alien species
  47. Part 8: Licences
  48. 36Licences for activities relating to invasive alien species
  49. Part 9: Amendments, revocations and effect in relation to other enactments
  50. 37The Destructive Imported Animals Act 1932
  51. 38The Customs and Excise Management Act 1979
  52. 39The Keeping and Introduction of Fish (Wales) Regulations 2014
  53. 40The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015
  54. 41Amendments
  55. 42Revocations
  56. Part 10: Review
  57. 43Review: England
  58. Signature
  59. Schedule 1Provisions of the Principal Regulation
  60. Schedule 2: Animals and plants to which Articles 3(2) to (4) apply
  61. 1Animals to which the offence in article 3(2) applies
  62. 2Plants to which the offence in article 3(3) applies
  63. 3Species to which the offences in article 3(4) apply
  64. Schedule 3: Civil sanctions
  65. Part 1: Power to impose civil sanctions
  66. 1The regulator
  67. 2Compliance notice
  68. 3Restoration notice
  69. 4Imposition of a fixed monetary penalty
  70. 5Imposition of a variable monetary penalty
  71. 6Notice of intent
  72. 7Combination of penalties
  73. 8Discharge of liability – fixed monetary penalties
  74. 9Making representations and objections
  75. 10Third party undertakings
  76. 11Final notice
  77. 12Contents of final notice: compliance and restoration notices
  78. 13Contents of final notice: fixed and variable monetary penalties
  79. 14Fixed monetary penalty: discount for early payment
  80. 15Appeals against a final notice
  81. 16Fixed monetary penalty: non-payment within the stated payment period
  82. 17Criminal proceedings
  83. Part 2: Stop notices
  84. 18Stop notices
  85. 19Contents of a stop notice
  86. 20Appeals
  87. 21Completion certificates
  88. 22Compensation
  89. 23Offences
  90. Part 3: Enforcement undertakings
  91. 24Enforcement undertakings
  92. 25Contents of an enforcement undertaking
  93. 26Acceptance of an enforcement undertaking
  94. 27Discharge of an enforcement undertaking
  95. 28Inaccurate, incomplete or misleading information
  96. 29Non-compliance with an enforcement undertaking
  97. Part 4: Non-compliance penalties
  98. 30Non-compliance penalties
  99. 31Appeals
  100. Part 5: Withdrawal and amendment of notices
  101. 32Withdrawing or amending a notice
  102. Part 6: Costs recovery
  103. 33Recovery of enforcement costs
  104. Part 7: Appeals
  105. 34Appeals
  106. Part 8: Guidance and publicity
  107. 35Guidance as to use of civil sanctions
  108. 36Consultation on guidance
  109. 37Publication of enforcement action
  110. Schedule 4: Amendments
  111. Part 1: Amendments to primary legislation
  112. 1Wildlife and Countryside Act 1981
  113. Part 2: Amendments to secondary legislation
  114. 2The Prohibition of Keeping of Live Fish (Crayfish) Order 1996
  115. 3The Wildlife and Countryside Act 1981 (Prohibition on Sale etc. of Invasive Non-native Plants (England) Order 2014
  116. Explanatory note