The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010

Made: 3rd March 2010

Laid before Parliament: 9th March 2010

Laid before the National Assembly for Wales: 9th March 2010

Coming into force: 6th April 2010

In accordance with the requirements of section 26(4)[^f00002] of that Act, the Secretary of State and the Welsh Ministers— have given any local authority affected and any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order; and have consulted with the Joint Nature Conservation Committee, being the advisory body they considered was best able to advise them as to whether this Order should be made.

have given any local authority affected and any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order; and

have consulted with the Joint Nature Conservation Committee, being the advisory body they considered was best able to advise them as to whether this Order should be made.

Title, commencement and extent

1

This Order—

• (a) may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010:

• (b) comes into force on 6th April 2010; and

• (c) extends to England and Wales only.

Variation of Schedule 9

2

• (1) Schedule 9 (animals and plants to which section 14 applies)[^f00003] to the Wildlife and Countryside Act 1981 is varied as follows.

• (2) Add the following animals to Part 1 (animals which are established in the wild) —

• (3) Remove the following animals from Part 1 —

• (4) Add the following plants to Part 2 (plants) —

• (5) Remove the following plants from Part 2 —

Signed

Huw Irranca-Davies — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 26th February 2010

Jane Davidson — Minister for Environment, Sustainability and Housing One of the Welsh Ministers — 3rd March 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order, which extends to England and Wales, varies Schedule 9 to the Wildlife and Countryside Act 1981 (c. 69), which lists animals which may not be released or allowed to escape into the wild and plants which may not be planted or otherwise caused to grow in the wild.

Article 2 (2) adds twenty-four new entries to Part 1 (animals which are established in the wild) of Schedule 9, and article 2(3) removes eight existing entries from that Part.

Article 2 (4) adds thirty-nine new entries to Part 2 (plants) of Schedule 9. Amongst these, the new entry for Japanese Knotweed under the scientific name “Fallopia japonica” replaces the former entry for it which used the scientific name “Polygonum cuspidatum” (and which is now removed by article 2(5)); and the new entry for Green Seafingers under the scientific name “Codium fragile” replaces that (again removed by article 2(5)) for only its sub-species “Codium fragile tomentosoides”.

A full impact assessment of the effect this instrument will have on the costs of business and the voluntary sector is available at www.defra.gov.uk and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

Footnotes

[^f00001]: 1981 c. 69. The functions of the Secretary of State under section 22, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and were subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

[^f00002]: The functions of the Secretary of State under section 26(4) , so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and were subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006. For the definition of “advisory body” see section 23 of the Wildlife and Countryside Act 1981.

[^f00003]: As previously varied by S.I. 1992/320, 2674, 1997/226, 1999/1002.

Editorial notes

[^key-365897ffddf93707f40d2434d1a9c783]: Art. 2 in force at 6.4.2010, see art. 1(b)

[^key-53041f94f6b8d0e1dfb85eb13e6d94e3]: Art. 1 in force at 6.4.2010, see art. 1(b)