invasive alien species order 2019

(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). Sie wurde 2019 von 49 auf 66 Arten erweitert. 33.—(1) The court by which any person is convicted of an offence under this Order—, (a)must order the forfeiture of a specimen or other thing in respect of which the offence was committed; and. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. 3.—(1) This paragraph applies where the regulator is satisfied on the balance of probabilities that a person has committed an offence under Part 2 of this Order. Please click on the title of the event for further information. 2003/2919 and 2008/1824. (4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015(35) requires that a review carried out under this article must, so far as is reasonable, have regard to how the Principal Regulation is implemented in other member States. Different options to open legislation in order to view more content on screen at once. 7.—(1) A person who intentionally obstructs an enforcement officer or a designated customs official acting in accordance with the powers conferred in Part 5 is guilty of an offence. (f)Procambarus fallax f. virginalis (commonly known as the marbled crayfish).”. leave the premises as effectively secured against unauthorised entry as they were before entry. brought into the territory of the Union, including transit under customs supervision; The common name or names given in the first column are included by way of guidance only; in the event of any dispute or proceedings, the common name or names will not be taken into account. The IAS Regulation provides for a set of measures to b… (a)in any part of the waters comprised in the offshore marine area; (b)on a ship in any part of the waters comprised in the offshore marine area; (c)on or under an offshore marine installation. See the Communication from the Commission on the precautionary principle (COM/2000/0001/Final). holding it following its seizure by an enforcement officer under article 26(1); or. research on, or ex situ conservation of, an invasive alien species; scientific production, and subsequent medicinal use, where the use of products derived from an invasive alien species is necessary for the advancement of human health; or. The Invasive Alien Species (Enforcement and Permitting) Order 2019 2. 1981 c. 69. (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. Section 70 was amended by section 10(6) of the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5) (subject to savings); section 28 of the Criminal Proceedings etc. (b)publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any specimen of a species included in Part 3 of Schedule 2, (5) A person may not by reason of the same act be convicted of both—. A final notice relating to a compliance notice or a restoration notice must include information as to—. Abstract. the invasive alien species to which the licence relates; where the licensing authority considers it appropriate, the number or volume of specimens to which the licence relates; the conditions subject to which the action authorised by the licence may be taken and in particular—. (2) In paragraph (1), “officer”, in relation to a body corporate, means—, (a)a director, manager, secretary or other similar officer of the body; or. (5) This paragraph does not apply to a person who has discharged a fixed monetary penalty in accordance with paragraph 8. (5) In this article, “1932 Act licence” means a licence granted under section 3 or 8 of the Destructive Imported Animals Act 1932 (grant and revocation of licences, and savings in respect of animals kept for exhibition etc.). (2) The regulator may by notice (“a restoration 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 position is, so far as possible, restored to what it would have been if the offence had not been committed. 21.—(1) This Order is enforced by enforcement officers and designated customs officials. ), after subsection (4) insert—. (2) Where the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to the act or omission of another person, the person charged is not, without leave of the court, entitled to rely on the defence unless, within a period ending seven clear days before the hearing, the person has served on the prosecutor a notice giving such relevant information as was then in the person’s possession. (7) In paragraph (6), “officer”, in relation to an unincorporated association, means—, (a)an officer of the association or a member of its governing body; or. makes a statement or representation which is false in a material particular, or. 23. 17. Commission Implementing … Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. in any part of the waters in any area designated under section 84(4) of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production)(22); “ship” means any vessel (including hovercraft, submersible craft and other floating craft) other than one which permanently rests on, or is permanently attached to, the seabed; is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State; and. 9.—(1) If an offence under this Part committed by a body corporate is proved—, (a)to have been committed with the consent or connivance of an officer, or. Invasive Species Compendium. 12.—(1) Subject to paragraph (2), the offences in this Part apply (in so far as they are capable of so applying) to any person—. Provisions relating to controls on imports into and exports from the United Kingdom (apart from provisions relating to civil penalties) also extend to Scotland and Northern Ireland (article 1). to be attributable to any neglect on the part of such an officer, an officer of the association or a member of its governing body; or. 13. bring onto the premises such equipment, vehicles or materials. the Welsh Consolidated Fund, where the regulator is the Natural Resources Body for Wales. (9) The permitting authority must make available the relevant permit information in respect of any permit issued under this article—. (3) An appeal against a notice served under this Schedule (other than a stop notice) suspends the effect of the notice appealed against until the appeal is determined or withdrawn. Elodea nuttallii. Laid before the National Assembly for Wales. (b)leave the premises as effectively secured against unauthorised entry as they were before entry. Article 41 and Schedule 4 make consequential amendments and Article 42 contains a consequential revocation as a result of the Order. (a)the cases in which civil sanctions have been imposed; (b)where the civil sanction is a compliance notice, a restoration notice or variable monetary penalty, the cases in which a third party undertaking has been accepted; (c)the cases in which an enforcement undertaking has been accepted. (c)search or examine anything which that person may be using or which is in that person’s possession if the constable or designated customs official suspects with reasonable cause that evidence of the commission of the offence is to be found on it. any other conditions that the licensing authority considers are appropriate. the specimen was kept and transported in contained holding; and. The Order also fulfils our obligations under the EU regulation to manage our widespread invasive non-native species. (6) The applicant may appeal against a decision not to issue a discharge certificate on the grounds that the decision—. (a)the scientific and common names of the invasive alien species to which the permit relates; (b)the number or the volume of specimens concerned; (c)the purpose for which the permit has been issued; and. a compliance notice or restoration notice is served on any person. (a)the invasive alien species to which the licence relates; (b)where the licensing authority considers it appropriate, the number or volume of specimens to which the licence relates; (c)the conditions subject to which the action authorised by the licence may be taken and in particular—. (5) In this article, “intimate search”, “rub-down search” and “strip search” have the same meanings as in section 164(5) of the Customs and Excise Management Act 1979 (power to search persons)(24). the person successfully appeals against the refusal of a completion certificate and the First-tier Tribunal finds that the refusal was unreasonable. (4) The powers conferred by this article may be exercised in any place to which the constable or designated customs official has access (whether or not it is a place to which the public has access). Location at which specimens will be kept: 5. Does this answer the above question? Part 2 of the Order contains criminal offences. a facility to which a relevant licence had been granted; an establishment to which a relevant permit had been issued; or, a place where it was to be humanely dispatched; and, was received from a keeper of commercial stocks in accordance with article. Different options to open legislation in order to view more content on screen at once. The Invasive Alien Species (Enforcement and Permitting) Order 2019 gives effect to EU regulations on the prevention and management of the spread of invasive alien species. a constable or designated customs official has stopped a vehicle under this article, and. (b)be granted any licence, or granted a licence for a particular purpose. (2) In a case where the relevant organism has been imported or was being imported 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, the relevant organism must be re-dispatched to a destination outside of the United Kingdom, except in a case within paragraph (3) or (4). (b)the circumstances in which the regulator is not likely to accept an enforcement undertaking. The Act was amended by Schedule 13 to the Agriculture Act 1947 (c. 48); section 31 of the Criminal Law Act 1977 (c. 45); sections 38 and 46 of the Criminal Justice Act 1982 (c. 48); paragraph 1 of Schedule 6 of, and paragraph 1 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16); paragraph 1 of Schedule 13 to, the Deregulation Act 2015 (c. 20); and S.I. (5) The permit may be subject to such other conditions as the permitting authority considers appropriate, including but not limited to any conditions required to ensure that the requirement in paragraph (2) is met. (5) In the case of guidance about enforcement undertakings, the guidance must contain information as to—, (a)the circumstances in which the regulator is likely to accept an enforcement undertaking; and. A person on whom a notice of intent is served may within 28 days beginning with the day on which the notice is received make written representations and objections to the regulator in relation to the proposed service of a compliance notice, restoration notice or notice imposing a fixed or variable monetary penalty. Benefits of complying with this Order is enforced by enforcement officers ( which includes constables ) ”! By virtue of this Order the constable or designated customs official or enforcement undertaking ;.. Zur Änderung der durchführungsverordnung ( EU ) 2016/1141 zwecks Aktualisierung der Liste invasiver gebietsfremder Arten EU-weiter. This Order “ Crayfish ” means a sample of blood, tissue or other thing which was used commit! ( W. 336 ) ; or considers appropriate before publishing— where appropriate part 1 of the court Constitutions Order (! England, Wales, Scotland and Northern Ireland Updated: 08/01/2020 screen at.. 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