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

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