UK Offence Report

The Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012

Scottish Statutory Instrument 2012 No. 174 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
30 May 2012
In force from
2 July 2012
Extent
Not stated
Subject
Dogs, animals, hunting and wildlife
Made under
In accordance with section 26(4A) of the Wildlife and Countryside Act 1981, No. 174 Wildlife The Wildlife and Countryside Act 1981, Wildlife and Countryside Act 1981, Wildlife and Natural Environment (Scotland) Act 2011

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order makes provision about the release of certain animals, the keeping of invasive animals and notification requirements in relation to the presence of invasive animals under the Wildlife and Countryside Act 1981 (“the 1981 Act”) as amended by the Wildlife and Natural Environment (Scotland) Act 2011. Section 14(1)(a)(ii) of the 1981 Act makes it an offence for any person to release, or allow to escape from captivity, any animal of a type specified by the Scottish Ministers by Order. Article 2 and Part 1 of Schedule 1 specifies the types of animals which it is an offence for a person to release or allow to escape from captivity and the extent to which the prohibition applies. Section 14ZC(1)(a) of the 1981 Act makes it an offence for any person to keep, have in the person’s possession, or have under the person’s control any invasive animal of a type which the Scottish Ministers specify by Order. Article 3 and Part 2 of Schedule 1 specifies the types of invasive animals which it is an offence for a person to keep, have in their possession or have under their control. Section 14B(1)(a) enables the Scottish Ministers to make provision about the notification of the presence of invasive animals at any specified place outwith their native range where persons are, or become, aware of the presence of such animals or plants. Article 4 and Part 3 of Schedule 1 make provision about notification and that such notification requires be made to Scottish Natural Heritage without delay. Article 5 and Schedule 2 revoke the enactments governing the keeping and release of certain animals which this Order replaces, subject to article3 of the Wildlife and Natural Environment Act 2011 (Commencement No.4, Saving and Transitional Provisions) Order 2012 (S.S.I.2012/175 (C. 16)).

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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