The Conservation (Natural Habitats, &c.) (Miscellaneous Amendments) (Scotland) Regulations 2019

Scottish Statutory Instrument 2019 No. 364 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 31 October 2019
In force from: Not determined
Extent: Not stated
Subject: Dogs, animals, hunting and wildlife
Made under: European Communities Act 1972

Explanatory note

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

These Regulations primarily amend the Wildlife and Countryside Act 1981 (“the 1981 Act”) to further implement 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 (“the Invasive Alien Species Regulations”). These Regulations extend to Scotland. Regulation 2(2) inserts section 14AA into the 1981 Act, making it an offence for a person to contravene Article 7(1)(b) to (h) of the Invasive Alien Species Regulations (where the activity does not constitute an offence under sections 14, 14ZC or 14A of the 1981 Act). Regulation 2(3) amends section 14C of the 1981 Act to extend the information that may be included in a code of practice made by the Scottish Ministers under that section. The information may now include which species, sub-species or lower taxons of animal, plant, fungus or micro-organism are considered to be invasive alien species. A code of practice may also include information on best practice for keeping an invasive alien species in a contained holding, best practice for measures to ensure that an invasive alien species cannot reproduce or escape, and the circumstances in which an invasive alien species is considered to be a companion animal. Regulation 2(7) amends section 21 of the 1981 Act to make provision for penalties in respect of which a person, who commits an offence under section 14AA, section 19ZC (as amended by regulation 2(5)), or section 19ZD (as amended by regulation 2(6)), is liable. Regulation 2(8) inserts schedule 9B into the 1981 Act. The schedule contains provision about defences to a charge of committing an offence under section 14AA, or section 14ZC or 14A where the activity to which the charge relates contravenes Article 7(1) of the Invasive Alien Species Regulations. Schedule 9B also contains provision restricting the granting of a licence under section 16(4)(c) of the 1981 Act (as amended by regulation 2(4)). Regulation 3 amends the Conservation (Natural Habitats, &c.) Regulations 1994 to correct an error.

Offences created by this instrument

Contravention of Invasive Alien Species Regulation regulation 14AA · Status not determined · Strict liability
Contravention of Invasive Alien Species Regulation regulation 14AA(1) · Status not determined · Strict liability
Contravention of Invasive Alien Species Regulation regulation 14AA(1)(b) · Status not determined · Strict liability
After section 14A (prohibition on sale etc. of invasive animals or plants) insert— Contravention of Invasive Alien… regulation 2(2) · Status not determined · Strict liability

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 has no record of this instrument, although it covers the period. Nothing is inferred from that.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2019