14. (i)section 33 of the Criminal Justice Act 1925 (procedure on charge of offence against corporation)(16) and Schedule 3 to the Magistrates’ Courts Act 1980 (corporations)(17); (ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (proceedings against organisations and prosecution of companies, etc. 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. (d)the codes of Combined Nomenclature as provided by Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(29). (3) A specimen forfeited under this article must be—, (i)humanely dispatched (in the case of animals) or destroyed (in the case of plants, fungi or micro-organisms); or. (a)a constable or designated customs official has stopped a vehicle under this article, and. 40.—(1) A person may not by reason of the same act be convicted of both—. “vehicle” includes any vessel, including any aircraft; “relevant evidence” means evidence that an offence under this Order has been committed. This Order gives effect to 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 (OJ No. (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—. (2) A cost recovery notice is a notice requiring the person to pay the regulator’s costs. (c)action (including the payment of a sum of money) to be taken by the person to benefit any person affected by the offence. the keeping of an animal by a facility (including any necessary ancillary activities such as transportation) until the end of its natural life in accordance with Article 31(4) of the Principal Regulation (transitional provisions for non-commercial owners). It also reproduces a small number of existing offences contained in the Wildlife and Countryside Act 1981 (c. 69) that are disapplied by Part 9. (6) Where relevant proof is provided within five working days of seizure, the relevant organism must be released to the importer or exporter (as the case may be). (2) Where the regulator decides to impose a requirement, the notice imposing it (the “final notice”) must comply with paragraph 12 (for compliance or restoration notices) or 13 (for fixed or variable monetary penalties). 29.—(1) If a person does not comply with an enforcement undertaking, the regulator may, in the case of an offence committed under Part 2 of this Order —, (a)serve a compliance notice, restoration notice, variable monetary penalty, stop notice or non-compliance penalty; or. any significant revisions or updates to guidance which has already been published. (5) In this article, “2014 Regulations permit” means a permit granted under regulation 6 of the Keeping and Introduction of Fish (Wales) Regulations 2014 (grant of permit). Citation, commencement, extent and application, Import, keeping, breeding, purchase, release etc. L317, 4.11.2014, p.35) (the Principal Regulation). (b)enter the vehicle and search it for that evidence. the amount of the costs which must be paid; the consequences of failing to make payment within the specified payment period; and. (5) The costs recovery notice must include information as to—. 21.—(1) This Order is enforced by enforcement officers and designated customs officials. (b)a person purporting to act in any such capacity. This Explanatory Memorandum has been prepared by the Department of Agriculture, Environment and Rural Affairs to accompany the Statutory Rule (details above) which is laid before the Northern Ireland Assembly. that the relevant organism is not a specimen; or. 4.—(1) A person who, for the purpose of obtaining the issue of a permit or the grant of a licence (whether for that person or another), knowingly or recklessly—, (a)makes a statement or representation which is false in a material particular, or. otherwise been seized following the official controls referred to in Article 15 of the Principal Regulation, 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. humanely dispatched (in the case of animals) or destroyed (in the case of plants, fungi or micro-organisms); or. This Order gives effect to 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 (OJ No. 1143/2014 on the prevention and management of the introduction and spread of invasive alien species (”the Principal Regulation”) which came into force on 1 January 2015. 2000/3062) and 2013/3162. a person purporting to act in any such capacity. Section 18A was inserted, in relation to England and Wales, by paragraph 1 of Part 1 of Schedule 5 to the Natural Environment and Rural Communities Act 2006 (c. 16). 2004/2668 and 2013/3161. (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. (6) The regulator may recover any variable monetary penalty imposed under this paragraph as if payable under an order of the court. In this Order “crayfish” means a freshwater decapod crustacean of the Families Astacidae, Cambaridae or Parastacidae, other than the species—. A person who knowingly contravenes a condition of a permit or of a licence is guilty of an offence. (a)in the case of an item seized from a person, the person from whom the item was seized; (b)in the case of an item seized from a vehicle, any person who appears to the enforcement officer to be the owner of the vehicle, or otherwise in charge of the vehicle; (c)in the case of an item seized from premises, any person who appears to the enforcement officer to be the occupier of the premises, or otherwise in charge of the premises; (d)in any other case, or where the enforcement officer believes that the item may belong to any person not falling within sub-paragraph (a) to (c), to the person to whom the enforcement officer believes the item belongs. county councils, district councils, Port Health Authorities, London borough councils; and. 16.—(1) It is a defence to a charge of committing an offence under article 3(1) in relation to a breach of the restrictions in Article 7(1)(b) (keeping) or (d) (transportation) of the Principal Regulation to show that the specimen to which the alleged offence relates—, (a)immediately before its inclusion on the Union list, was kept as a companion animal; and. 32.—(1) The importer or exporter (as the case may be) is responsible for—. The Statutory Rule is made under section 2(2) of the European 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). (a)that the decision was based on an error of fact; (c)in the case of a variable monetary penalty, that the amount of the penalty is unreasonable; (d)in the case of a non-monetary requirement, that the nature of the requirement is unreasonable; (e)that the decision was unreasonable for any other reason; (f)that the decision was wrong for any other reason. any item which an enforcement officer wishes to seize is in a container, and. (2) The first report must be published before 1st October 2024. (a)the grounds for serving the proposed notice; (b)the requirements of the proposed notice and, in the case of a penalty, the amount to be paid; (c)in the case of a fixed monetary penalty, a statement that liability for the penalty can be discharged by paying 50% of the penalty within 28 days beginning with the day on which the notice was received and information on the effect of such a discharge payment; and, (i)the right to make representations and objections within 28 days beginning with the day on which the notice of intent was received; and. The core of the IAS Regulation is the list of Invasive Alien Species of Union concern(the Union list). (4) In the case of guidance about compliance notices, restoration notices, fixed monetary penalties, variable monetary penalties, stop notices and non-compliance penalties, the guidance must contain information as to—. 1980 c. 43. The Invasive Alien Species (Enforcement and Permitting) Order 2019 (Statutory Instruments) | Great Britain | ISBN: 9780111183571 | Kostenloser Versand für alle Bücher mit … (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). Specimens are to be considered to be kept in contained holding if the following conditions are fulfilled: (a) the specimens are physically isolated and they cannot escape or spread or be removed by unauthorised persons from the holdings where they are kept; (b) cleaning, waste handling and maintenance protocols ensure that no specimens or reproducible parts can escape, spread or be removed by unauthorised persons; (c) the removal of the specimens from the holdings, disposal or destruction or humane cull is done in such way as to exclude propagation or reproduction outside of the holdings. the period within which payment must be made (“the payment period”), which must be not less than 56 days; 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)); that the decision was based on an error of fact; in the case of a variable monetary penalty, that the amount of the penalty is unreasonable; in the case of a non-monetary requirement, that the nature of the requirement is unreasonable; that the decision was unreasonable for any other reason; that the decision was wrong for any other reason. Fanwort. as regards any provision which applies in relation to controls on imports into and exports from the United Kingdom, and any provision which relates to any such provision, to Scotland and Northern Ireland. Schedule 1 was amended by section 1 of the St Andrew’s Day Bank Holiday (Scotland) Act 2007 (asp 2). If a person on whom a stop notice is served does not comply with it within the time limit specified in the notice, the person is guilty of an offence and liable on summary conviction to a fine. (4) The notice must include information as to—. Subsection (1)(a) does not apply to species included on the list of invasive alien species of Union concern adopted by the European Commission in accordance with Articles 4(1) and 10(4) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species, as amended from time to time. It aims at ensuring a higher level of environmental protection through preventative decision-taking in the case of risk. Invasive Alien Species (Enforcement and Permitting) Order SI 2019/527. where the designated customs official suspects that it is a specimen; or. For information about the species currently included on this list, click here. L317, 4.11.2014, p.35) (the Principal Regulation). the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly. The provisions of this Order apply without prejudice to the Customs and Excise Management Act 1979(31). in the case of an item seized from a person, the person from whom the item was seized; in the case of an item seized from a vehicle, any person who appears to the enforcement officer to be the owner of the vehicle, or otherwise in charge of the vehicle; in the case of an item seized from premises, any person who appears to the enforcement officer to be the occupier of the premises, or otherwise in charge of the premises; in any other case, or where the enforcement officer believes that the item may belong to any person not falling within sub-paragraph (a) to (c), to the person to whom the enforcement officer believes the item belongs. (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). Permitting) Order 2019 Licence Application Form Application for a licence to keep, transport, grow, cultivate, allow to breed, and release into the environment, live specimens of invasive alien species listed under The Principle Regulation1 for the purposes of implementing an eradication or a management measure2, or temporary commercial use as part of a management measure. (b)to be attributable to any neglect on the part of an officer. (g)any circumstances in which the regulator may reduce the amount of the penalty. of invasive alien species, 11.Offences by partnerships and unincorporated associations, 12.Application of offences in the offshore marine area, 13.Proceedings for offences: venue and time limits, 16.Transitional provision for non-commercial owners: companion animals, 17.Transitional provision for non-commercial owners: commercial stocks, 18.Transitional provisions for commercial stocks, 25.Examining relevant organisms and taking samples. action (including the payment of a sum of money) to be taken by the person to benefit any person affected by the offence. 1955/554 and 1992/3302. (5) A fixed monetary penalty paid to the regulator under this paragraph must be paid into—, (a)the Consolidated Fund, where the regulator is Natural England; and. 19.—(1) It is defence to a charge of committing an offence under article 3(2) to (4) if the person charged (“P”) shows that P took all reasonable steps and exercised all due diligence to avoid committing the offence. 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. to afford such facilities and assistance with respect to matters under that person’s control as the constable or designated customs official considers would facilitate the exercise of any power conferred by this article. (2) Disclosure of information which is authorised by this article does not breach—, (a)an obligation of confidence owed by the person making the disclosure; or. (b)the constable or designated customs official considers that it would be impracticable to search the vehicle in the place where it has stopped. (2) The regulator must revise and update the guidance where appropriate. Section 30(3) was amended by section 19 of the Enterprise Act 2016 (c. 12), and by paragraph 36 of Part 2 of Schedule 8 to the European Union (Withdrawal) Act 2018 (c. 16). (3) A fixed monetary penalty may not be imposed on more than one occasion in relation to the same act or omission. 1994 c. 39, to which there are amendments not relevant to this Order. (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. (7) A non-compliance penalty paid to the regulator under this paragraph must be paid into—. (3) The regulator may not impose a final notice on a person where it is satisfied that the person would not, by reason of any defence, permit or licence be liable to be convicted of the offence to which the notice relates. S.I. Balloon vine. Access essential accompanying documents and information for this legislation item from this tab. Cardiospermum grandiflorum. (2) The requirement to give notice does not apply—. bring onto the premises such equipment, vehicles or materials. (iii)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. The Act was repealed in relation to Scotland by section 25 of, and Part 2 of the Schedule to, the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6). Minister for Environment, Energy and Rural Affairs. 1), and its effect was continued by paragraph 1 of Schedule 12 to the Justice (Northern Ireland) Act 2002 (c. 26). a species of animal or plant included on the Union list, an invasive non-native species of animal or plant not falling within sub-paragraph (a), or. (a)the stop notice is subsequently withdrawn or amended by the regulator because the decision to serve it was unreasonable or any step specified in the notice was unreasonable; (b)the regulator is in breach of its statutory obligations; (c)the person successfully appeals against the stop notice and the First-tier Tribunal finds that the service of the notice was unreasonable; or. (a)may identify the relevant organism in any relevant way; and. (b)the condition in paragraph (2) or the condition in paragraph (3) applies. ascertaining whether an offence under this Order is being or has been committed; verifying information supplied by a person for the purpose of obtaining a permit or a licence; or. Net mass: 10. 5. Please be aware that to allow for a longer consultation, and consultation analysis period, the coming into force date for the Invasive Alien Species (Enforcement and Permitting) Order 2019, will be amended from 1 October 2019 to 1 December 2019. the regulator’s decision was unreasonable; the amount offered was based on incorrect facts; or. (d)sale or transfer to a non-commercial user, provided that the conditions in paragraph (4) apply. Schedule 4. summary; full text; Applies to: England > Wales > Scotland > Northern Ireland Updated: 08/01/2020. to an establishment or facility which is authorised to keep it by a permit or licence (as the case may be); or. Meeting: 25/03/2019 - Legislation, Justice and Constitution Committee (Item 3) Webcast for 25/03/2019 - Legislation, Justice and Constitution Committee; 3 SL(5)393 - The Invasive Alien Species (Enforcement and Permitting) Order 2019 View item 3 as HTML 22 KB (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. 6. (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. CN code: 8. Section 14ZA was inserted by section 50 of the Natural Environment and Rural Communities Act 2006 (c. 16) and amended by section 25(3) of the Infrastructure Act 2015 (c. 7). (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. (11) A permitting authority must undertake such inspections as it considers appropriate of establishments to which a permit issued under paragraph (1) relates in order to ensure that the conditions of that permit are being complied with. a statement that the undertaking is made in accordance with this Schedule; information as to how and when the person is to be considered to have discharged the undertaking. (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. 1992/320, 1992/2674, 1997/226, 1999/1002, 2010/609 and (in relation to Wales) 2015/1180. (4) An application for a permit must be accompanied by sufficient evidence to enable the permitting authority to ascertain whether the requirement in paragraph (2) is met. (2) In sub-paragraph (1)(a), the reference to cases in which civil sanctions have been imposed does not include cases where a sanction has been imposed but overturned on appeal. (3) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as it applies to an officer of a body corporate. (3) The conditions are that that the regulator has—. 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species(5) to be construed as references to that list as amended from time to time. There are other amendments which are not relevant. These provisions continue to have effect as if made under section 158(3) of the Government of Wales Act 2006 (c. 32) by virtue of paragraph 26(3) of Schedule 11 to that Act. The upcoming Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019 comes into force on 1 December 2019. Invasive Alien Species Order 2019 We are incredibly disheartened that the Government have introduced the EU Regulation on ‘Invasive Alien Species’ which affects muntjac deer and grey squirrels. (c)otherwise been seized following the official controls referred to in Article 15 of the Principal Regulation. Where the regulator has reasonable grounds to suspect that a person has committed an offence under Part 2 of this Order, the regulator may accept a written undertaking (an “enforcement undertaking”) given by that person to take such action as may be specified in the undertaking within such period as may be specified. (c)the regulator reasonably believes that the activity carried on, or likely to be carried on, by that person involves or is likely to involve the commission of an offence under Part 2 of this Order. 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. one of the conditions specified in paragraph (5) applies. in any part of the waters comprised in the offshore marine area; on a ship in any part of the waters comprised in the offshore marine area; on or under an offshore marine installation. Please see the bibliographic details to the right. a fixed monetary penalty is served on any person. Designated customs officials and enforcement officers may use reasonable force, if necessary, in the exercise of the powers conferred by articles 22 to 27. (b)what compliance or restoration is required and the period within which it must be completed; (d)the consequences of failing to comply with the notice. (b)publish a report setting out the conclusions of the review. This is a title only record which contains no abstract. to be attributable to any neglect on the part of a partner, rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate; and, the following provisions apply as they apply in relation to a body corporate—, section 33 of the Criminal Justice Act 1925 (procedure on charge of offence against corporation)(, sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (proceedings against organisations and prosecution of companies, etc. Cabomba caroliniana . the constable or designated customs official may require the vehicle to be taken to such place as the constable or designated customs official directs to enable the vehicle to be searched. A person who knowingly falsifies or alters a permit or a licence is guilty of an offence. 18.—(1) It is a defence to a charge of committing an offence to which this article applies for a keeper of a commercial stock of specimens to show that—, (a)the specimens were acquired before their inclusion on the Union list; and, (b)the activity constituting the offence—, (i)was carried out for one of the purposes listed in paragraph (3); and. Juli 2019 zur Änderung der Durchführungsverordnung (EU) 2016/1141 zwecks Aktualisierung der Liste invasiver gebietsfremder Arten von EU-weiter Bedeutung . (c)a third party or enforcement undertaking has been accepted from that person (see paragraphs 10 and 24). (5) In this article, “2015 Regulations permit” means a permit granted under regulation 6 of the Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015 (grant of permit). - transported to, from or within the Union, except for the transportation of species to facilities in the context of eradication; - grown, cultivated or permitted to reproduce, including in contained holding; (a) the invasive alien species of Union concern is kept in and handled in contained holding in accordance with Article 8(3); (b) the activity is to be carried out by appropriately qualified personnel as laid down by the competent authorities; (c) transport to and from contained holding is carried out under conditions that preclude escape of the invasive alien species as established by the permit; (d) in the case of invasive alien species of Union concern that are animals, they are marked or otherwise effectively identified where appropriate, using methods that do not cause avoidable pain, distress or suffering; (e) the risk of escape or spread or removal is effectively managed, taking into account the identity, biology and means of dispersal of the species, the activity and the contained holding envisaged, the interaction with the environment and other relevant factors; (f) a continuous surveillance system and a contingency plan covering possible escape or spread is drawn up by the applicant, including an eradication plan. (c)it applies in relation to any provision which relates to a matter mentioned in sub-paragraph (a) or (b). (c)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. (2) It must specify the period within which the action must be completed. the purpose in keeping the animal was to keep it as a companion animal; the animal was kept in contained holding and appropriate measures were in place to ensure that the animal could not reproduce or escape. NBN Atlas Wales action to be taken by the person to secure that the offence does not continue or recur; action to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed; or. 39.—(1) A person may not by reason of the same act be convicted of both—. (c)ascertaining whether a condition of a permit or of a licence is being or has been complied with. Invasive alien species of social insects have been documented to reduce the diversity of native insects. For more information see the EUR-Lex public statement on re-use. The Invasive Aliens Species (enforcement and permitting) Order 2019 is part of fulfilling these commitments, as laid out by the Government’s 25 year environment plan. (i)a facility to which a relevant licence had been granted; (ii)an establishment to which a relevant permit had been issued; or, (iii)a place where it was to be humanely dispatched; and, “relevant licence” means a licence under—. (2) A stop notice ceases to have effect on the issue of a completion certificate. The Order has effect in relation to invasive alien species on the list of invasive alien species of Union concern adopted by the European Commission in accordance with the Principal Regulation is a reference to that list as amended from time to time (see the definition of “Union list” in article 2(1)). (b)be granted any licence, or granted a licence for a particular purpose. (4) The Tribunal may, in relation to the imposition of a requirement or service of a notice—. to be attributable to any neglect on the part of an officer, a director, manager, secretary or other similar officer of the body; or. 25.—(1) An enforcement officer may, for the purpose of ascertaining whether an offence under this Order is being or has been committed—. Different options to open legislation in order to view more content on screen at once. Location at which specimens will be kept: 5. 36.—(1) Subject to the provisions of this article, the licensing authority may grant a licence for the purposes specified in paragraph (2). a notice imposing a variable monetary penalty; or. (Reform) (Scotland) Act 2007 (asp 6); section 67 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13); and SSI 2001/128. (5) The conditions referred to in paragraph (3)(b) are that—, (a)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. the enforcement officer reasonably considers that it would facilitate the seizure of the item if it remained in the container for that purpose. (f)Procambarus fallax f. virginalis (commonly known as the marbled crayfish).”. the grounds for imposing the non-compliance penalty; the period in which payment must be made, which must not be less than 28 days; the consequences of failure to comply with the notice; and. 28.—(1) A person who has given inaccurate, misleading or incomplete information in relation to an enforcement undertaking is to be regarded as not having complied with it. (6) In this article, “relevant permit” means—, (a)for the purposes of paragraph (3)(a), a permit under—. AMENDMENTS. Durchführungsverordnung (EU) 2019/1262 der Kommission vom 25. (2) A person who releases or allows to escape into the wild any specimen which is of a species of animal which—, (a)is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state, or. 1925 c. 86. (2) This Order applies to the Isles of Scilly as if the Isles were a county and the Council of the Isles were a county council. 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And update the guidance or revised and Updated guidance in exercising its functions article.! Manage our widespread Invasive non-native plants ( England ) Order 2019 will take invasive alien species order 2019 be enforced by enforcement (! Force for three months core of the conditions in sub-paragraph ( 5 ) the costs referred to in (... Holding ; and a fixed monetary penalty in accordance with paragraph 8 grey squirrels and deer!