invasive alien species order 2019

(d)the period within which payment must be made (“the payment period”), which must be not less than 56 days; (e)in the case of a fixed monetary penalty, details of the early payment discount (see paragraph 14) and late payment penalties (see paragraph 16(2) and (3)); (g)the consequences of failing to comply with the notice. If an escape or spread occurs, the contingency plan is to be implemented immediately and the permit may be withdrawn, temporarily or permanently. (6) In this article, “regulatory provision” has the same meaning as in sections 28 to 33 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act). any provision in legislation which applies in relation to Northern Ireland and which enables permits to be issued for scientific production and subsequent medicinal use in accordance with Article 8 of the Principal Regulation. (a)the person is carrying on the activity or the regulator reasonably believes that the person is likely to carry on the activity; (b)the regulator reasonably believes that the activity is causing, or is likely to cause, economic or environmental harm, or adverse effects to human health; and. (b)a certificate stating that matter and purporting to be so signed is deemed to be so signed unless the contrary is proved. Introduction 1.1. (ii)the transfer of the relevant organism to an establishment or facility authorised to keep it by a permit or a licence (as the case may be). This is the original version (as it was originally made). Part 8 contains licensing provisions; licences may be granted for a number of different activities, provided specified conditions are met (article 36). (4) In so far as any act authorised by a 2014 Regulations permit would otherwise be an offence under this Order unless authorised by a licence, and could have been authorised by such a licence, the 2014 Regulations permit has effect for the purposes of this Order as such a licence, authorising that act to the extent authorised by the 2014 Regulations permit, and (so far as relevant to the offence in question) subject to the conditions to which the 2014 Regulations permit is subject. (4) Where re-dispatch of the relevant organism under paragraph (2) would contravene the Principal Regulation, or is not reasonably practicable, an enforcement officer may arrange—, (i)where the enforcement officer is satisfied it is a specimen, for its humane dispatch (in the case of animals) or destruction (in the case of plants, fungi or micro-organisms); or. 26.—(1) An enforcement officer exercising the powers conferred by this Part may seize anything where the enforcement officer has reasonable grounds for believing that—. 1996/1374 and 2011/2292. 3 August 2016. (4) If an offence under this Part committed by a partnership is proved—. county councils, district councils, Port Health Authorities, London borough councils; and. (6) Any relevant organism seized by an enforcement officer must, unless the enforcement officer is satisfied that it is not a specimen, be held and transported in contained holding. Please see the bibliographic details to the right. (Scotland) Act 1994(23); (ii)the Department of Agriculture, Environment and Rural Affairs; 22.—(1) If a constable or a designated customs official has reasonable grounds to suspect that any person is committing or has committed an offence under this Order, the constable or designated customs official may, without warrant—. Part 5 contains enforcement provisions. (3) The court by which any person is convicted of an offence under this Order may order that the person convicted may not, for a period of up to five years—, (a)be issued with any permit, or issued with a permit for a particular activity; or. (5) The regulator must decide whether to issue a discharge certificate, and give written notice of the decision to the applicant (including information as to the right of appeal), within 14 days of such an application. (a)a certificate signed by or on behalf of the prosecutor and stating the date on which the prosecutor first knew of evidence to justify the proceedings is conclusive evidence of that fact; and. 37.—(1) The regulator must publish annually—. (a)an offence under article 3(1) in relation to a breach of the restrictions in Article 7(1)(b) (keeping), (d) (transportation), (e) (placing on the market) or (f) (use or exchange) of the Principal Regulation; and. 1945 c. 15 (N.I.). (2) For the purposes of such proceedings—, (a)rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate; and, (b)the following provisions apply as they apply in relation to a body corporate—. (4) In sub-paragraph (2), the reference to costs is a reference to any costs relating to preparing and giving the compliance notice, restoration notice, variable monetary penalty, or stop notice, as the case may be, and includes a reference to the costs of any related investigation or expert advice, (including legal advice). “contained holding” means keeping an organism in closed facilities from which escape or spread is not possible; “designated customs official” has the same meaning as in section 14(6) of the Borders, Citizenship and Immigration Act 2009(6); “England” includes that part of the territorial sea which is not for the purposes of this Order treated as forming part of Scotland, Wales or Northern Ireland; in England and Wales, a wildlife inspector authorised in accordance with section 18A of the Wildlife and Countryside Act 1981(7); an officer authorised for the purposes of the enforcement of this Order by a competent authority specified in article 21(2); an officer authorised for the purposes of the enforcement of this Order by—. Schedule 3 was amended by Schedule 13 to the Criminal Justice Act 1991 (c. 53); and paragraph 51 of Schedule 3, and paragraph 1 of Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44). Section 22(5) was amended by section 25(5) of the Infrastructure Act 2015 (c. 7). Article 41. (5) In a case where a relevant organism was being exported, or has been brought to a place for the purpose of export, and relevant proof is not provided to the satisfaction of the designated customs official or enforcement officer, as the case may be, within 5 working days of seizure—, (a)where an enforcement officer considers it appropriate, the relevant organism may be released to the exporter, provided such release would not result in the commission of an offence under article 3, or. (6) The applicant may appeal against a decision not to issue a discharge certificate on the grounds that the decision—. Part 10 contains a review provision. Location at which specimens will be kept: 5. 14. 20.—(1) The person on whom a stop notice is served may appeal against the decision to serve it. (b)the circumstances in which the regulator is not likely to accept an enforcement undertaking. 8.—(1) A person who attempts to commit an offence under articles 3 to 6 is guilty of an offence. (4) A person on whom a stop notice is served may at any time apply for a completion certificate. AMENDMENTS. (2) A person who, for the purpose of the notice referred to in article 19(2), makes a statement or representation which is false in a material particular is guilty of an offence. (2) In paragraph (1), “partner” includes a person purporting to act as a partner. 21.—(1) The regulator must issue a certificate (a “completion certificate”) if, after service of a stop notice, the regulator is satisfied that the person on whom it was served has taken the steps specified in the notice. (f)Procambarus fallax f. virginalis (commonly known as the marbled crayfish).”. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. A fixed monetary penalty is discharged if a person who receives a notice of intent pays 50% of the amount of the penalty within 28 days beginning with the day on which the notice was received. (a)any item which an enforcement officer wishes to seize is in a container, and. Detailed coverage of invasive species threatening livelihoods and the environment worldwide . (c)a species of animal that is no longer normally present in Great Britain.”; (b)in paragraph 2 (definitions relating to species), after sub-paragraph (5), insert—. 1), and its effect was continued by paragraph 1 of Schedule 12 to the Justice (Northern Ireland) Act 2002 (c. 26). (d)that the amount of the penalty was unreasonable; 34.—(1) Any appeal under this Schedule must be made to the First-tier Tribunal. (i)article 35(1)(b) (permits for medicinal activities); (ii)any provision in legislation which applies in relation to Scotland and which enables permits to be issued for scientific production and subsequent medicinal use in accordance with Article 8 of the Principal Regulation; or. All events related to the invasive alien species assessment are listed below. an order is made under paragraph (2), and the amount specified in the order is not paid, must order the forfeiture of a specimen or other thing in respect of which the offence was committed; and. 1981 c. 69. a fixed monetary penalty is served on any person. the enforcement officer reasonably considers that it would facilitate the seizure of the item if it remained in the container for that purpose. 10.—(1) If an offence under this Part committed by a Scottish partnership is proved—, (a)to have been committed with the consent or connivance of a partner, or. 30.—(1) If a person fails to comply with a compliance notice, restoration notice or third party undertaking, the regulator may, irrespective of whether a variable monetary penalty was also imposed, serve a notice on that person imposing a monetary penalty (“a non-compliance penalty”). Department for Environment, Food and Rural Affairs. 1925 c. 86. Section 1(7) was amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c. 23) and by section 103 of the Energy Act 2011 (c. 16). It must accompany the invasive alien species to which it refers at all times when those species are kept, brought into and transported within the Union. Schedule 9 was amended by sections 24 and 25 of the Infrastructure Act 2015 (c. 7); S.I. (2) This Order does not extend to Scotland and Northern Ireland except in so far as—. (b)an offence under the Keeping and Introduction of Fish (Wales) Regulations 2014(32). Section 18(1), (2) and (6) was repealed by Schedule 7 to the Magistrates’ Court Act (Northern Ireland) 1964 (c. 21 (N.I.)). L317, 4.11.2014, p.35) (the Principal Regulation). (b)leave the premises as effectively secured against unauthorised entry as they were before entry. (b)an order is made under paragraph (2), and the amount specified in the order is not paid. (6) The regulator may recover any variable monetary penalty imposed under this paragraph as if payable under an order of the court. Part 2 of the Order contains criminal offences. (4) A person who furnishes to an enforcement officer or a designated customs official any information knowing it to be false or misleading is guilty of an offence. (b)bring onto the premises such equipment, vehicles or materials. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. (3) A rub-down search shall not be carried out except by a person of the same sex as the person being searched. (2) The regulator may by notice (“a compliance notice”) impose on that person a requirement to take such steps as the regulator may specify, within such period as it may specify, to secure that the offence does not continue or recur. 23. 15 August 2019. where an enforcement officer considers it appropriate, the relevant organism may be released to the exporter, provided such release would not result in the commission of an offence under article 3, or. (a)remain on the premises and from time to time re-enter the premises without the enforcement officer; (b)bring onto the premises any equipment or vehicle that the person considers necessary; and. entry to the premises has been refused, or is likely to be refused, and notice of the intention to apply for a warrant has been given to the occupier; or. Regulation (EU) 1143/2014 on invasive alien species(the IAS Regulation) entered into force on 1 January 2015, fulfilling Action 16 of Target 5 of the EU 2020 Biodiversity Strategy,as well as Aichi Target 9 of the Strategic Plan for Biodiversity 2011-2020under the Convention of Biological Diversity. 1987/1265 (as amended by S.I. “offshore marine installation” means any artificial island, installation or structure (other than a ship) which is situated—, in any part of the waters designated under section 1(7) of the Continental Shelf Act 1962 (exploration and exploitation of the continental shelf)(21); or. (b)any other restriction on the disclosure of information (however imposed). 159 1. (c)withdraw a notice imposing a variable monetary penalty or a non-compliance penalty, or reduce the amount of the penalty specified in the notice. to have been committed with the consent or connivance of a partner, or. (a)ascertaining whether an offence under this Order is being or has been committed; (b)verifying information supplied by a person for the purpose of obtaining a permit or a licence; or. Does this answer the above question? (2) In so far as any act authorised by a permit or a licence under this Order would otherwise be an offence under section 6 of the Destructive Imported Animals Act 1932 (offences etc.) (ii)for the transfer of the relevant organism to an establishment or facility authorised to keep it by a permit or a licence (as the case may be). The IAS Regulation provides for a set of measures to b… (c)a third party or enforcement undertaking has been accepted from that person (see paragraphs 10 and 24). (b)acting for a purpose connected with the enforcement of this Order. (2) An enforcement officer may destroy or otherwise dispose of any sample taken under this article when the sample is no longer required. 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