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The Invasive Alien Species (Enforcement and Permitting) Order 2019 in England

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