Paragraph 4 Non-commercial owners: receipt of commercial stocksF1

(1)

This paragraph applies where—

(a)

a person is charged with an offence under section 14ZC or 14AA, and

(b)

the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

(i)

paragraph (b) (keeping, including in contained holding),

(ii)

paragraph (d) (transporting to, from or within F2Scotland, except for the transportation of species to facilities in the context of eradication).

(2)

It is a defence to the charge to show that—

(a)

the specimen to which the charge relates was received by the person—

(i)

from a keeper of commercial stocks of specimens of the species to which the specimen belongs, and

(ii)

before the end of the period of one year beginning with the date on which that species was included on the F3Scottish list of species of special concern, and

(b)

at all material times—

(i)

the specimen was kept and transported in contained holding, and

(ii)

appropriate measures were in place to ensure that it could not reproduce or escape.

Annotations

Textual amendments

F1: Sch. 9B inserted (1.11.2019) (S.) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(8)
F2: Word in Sch. 9B para. 4(1)(b)(ii) substituted (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(6)(c)(i)
F3: Words in Sch. 9B para. 4(2)(a)(ii) substituted (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(6)(c)(ii)