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

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 7: Permits
  42. 35Permits for activities relating to invasive alien species
  43. Part 8: Licences
  44. 36Licences for activities relating to invasive alien species
  45. Part 9: Amendments, revocations and effect in relation to other enactments
  46. 37The Destructive Imported Animals Act 1932
  47. 38The Customs and Excise Management Act 1979
  48. 39The Keeping and Introduction of Fish (Wales) Regulations 2014
  49. 40The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015
  50. 41Amendments
  51. 42Revocations
  52. Part 10: Review
  53. 43Review: England
  54. Signature
  55. Schedule 1Provisions of the Principal Regulation
  56. Schedule 2: Animals and plants to which Articles 3(2) to (4) apply
  57. 1Animals to which the offence in article 3(2) applies
  58. 2Plants to which the offence in article 3(3) applies
  59. 3Species to which the offences in article 3(4) apply
  60. Schedule 3: Civil sanctions
  61. Part 1: Power to impose civil sanctions
  62. 1The regulator
  63. 2Compliance notice
  64. 3Restoration notice
  65. 4Imposition of a fixed monetary penalty
  66. 5Imposition of a variable monetary penalty
  67. 6Notice of intent
  68. 7Combination of penalties
  69. 8Discharge of liability – fixed monetary penalties
  70. 9Making representations and objections
  71. 10Third party undertakings
  72. 11Final notice
  73. 12Contents of final notice: compliance and restoration notices
  74. 13Contents of final notice: fixed and variable monetary penalties
  75. 14Fixed monetary penalty: discount for early payment
  76. 15Appeals against a final notice
  77. 16Fixed monetary penalty: non-payment within the stated payment period
  78. 17Criminal proceedings
  79. Part 2: Stop notices
  80. 18Stop notices
  81. 19Contents of a stop notice
  82. 20Appeals
  83. 21Completion certificates
  84. 22Compensation
  85. 23Offences
  86. Part 3: Enforcement undertakings
  87. 24Enforcement undertakings
  88. 25Contents of an enforcement undertaking
  89. 26Acceptance of an enforcement undertaking
  90. 27Discharge of an enforcement undertaking
  91. 28Inaccurate, incomplete or misleading information
  92. 29Non-compliance with an enforcement undertaking
  93. Part 4: Non-compliance penalties
  94. 30Non-compliance penalties
  95. 31Appeals
  96. Part 5: Withdrawal and amendment of notices
  97. 32Withdrawing or amending a notice
  98. Part 6: Costs recovery
  99. 33Recovery of enforcement costs
  100. Part 7: Appeals
  101. 34Appeals
  102. Part 8: Guidance and publicity
  103. 35Guidance as to use of civil sanctions
  104. 36Consultation on guidance
  105. 37Publication of enforcement action
  106. Schedule 4: Amendments
  107. Part 1: Amendments to primary legislation
  108. 1Wildlife and Countryside Act 1981
  109. Part 2: Amendments to secondary legislation
  110. 2The Prohibition of Keeping of Live Fish (Crayfish) Order 1996
  111. 3The Wildlife and Countryside Act 1981 (Prohibition on Sale etc. of Invasive Non-native Plants (England) Order 2014
  112. Explanatory note