The Invasive Alien Species (Enforcement and Permitting) Order 2019

• (a) a compliance notice or restoration notice is served on any person,

• (b) a third party undertaking is accepted from any person,

• (c) a notice imposing a variable monetary penalty is served on any person, or

• (d) a fixed monetary penalty is served on any person,

that person may not at any time be convicted of an offence under Part 2 of this Order in respect of the act or omission giving rise to the compliance notice, restoration notice, third party undertaking, variable monetary penalty or fixed monetary penalty, except in a case falling within paragraph (1)(a) or (b) (and not also falling within paragraph (1)(c)) where the person fails to comply with the compliance notice, restoration notice or third party undertaking (as the case may be).

• (2) Criminal proceedings for offences to which a notice or third party undertaking in sub-paragraph (1) relates may be instituted at any time up to 6 months from the date when the regulator notifies the person against whom the proceedings are to be taken that the person has failed to comply with that notice or undertaking.

PART 2 — Stop notices

Stop notices

18

• (1) The regulator may serve a notice (a “stop notice”) on any person prohibiting that person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice.

• (2) A stop notice may only be served where—

• (a) the person is carrying on the activity or the regulator reasonably believes that the person is likely to carry on the activity;

• (b) the regulator reasonably believes that the activity is causing, or is likely to cause, economic or environmental harm, or adverse effects to human health; and

• (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.

• (3) The steps referred to in sub-paragraph (1) must be steps to eliminate the risk of the offence being committed.

Contents of a stop notice

19

A stop notice must include information as to—

• (a) the grounds for serving the stop notice;

• (b) the activity which is prohibited;

• (c) the steps the person must take to comply with the stop notice and the period within which they must be completed;

• (d) rights of appeal; and

• (e) the consequences of failing to comply with the notice.

Appeals

20

• (1) The person on whom a stop notice is served may appeal against the decision to serve it.

• (2) The grounds for appeal are—

• (a) that the decision was based on an error of fact;

• (b) that the decision was wrong in law;

• (c) that the decision was unreasonable;

• (d) that any step specified in the notice is unreasonable;

• (e) that the person has not committed the offence and would not have committed it had the stop notice not been served;

• (f) that the person would not, by reason of any defence, permit or licence have been liable to be convicted of the offence had the stop notice not been served;

• (g) that the decision was wrong for any other reason.

Completion certificates

21

• (1) The regulator must issue a certificate (a “completion certificate”) if, after service of a stop notice, the regulator is satisfied that the person on whom it was served has taken the steps specified in the notice.

• (2) A stop notice ceases to have effect on the issue of a completion certificate.

• (3) The regulator may require the person on whom the stop notice was served to provide sufficient information to determine that the steps specified in the notice have been taken.

• (4) A person on whom a stop notice is served may at any time apply for a completion certificate.

• (5) The regulator must decide whether to issue a completion certificate and give written notice of the decision to the applicant (including information as to the right of appeal) within 14 days of the application.

• (6) The applicant may appeal against a decision not to issue a completion certificate on the grounds that the decision—

• (a) was based on an error of fact;

• (b) was wrong in law;

• (c) was unfair or unreasonable;

• (d) was wrong for any other reason.

Compensation

22

• (1) The regulator must compensate a person for loss suffered as the result of the service of the stop notice or the refusal of a completion certificate if that person has suffered loss as a result of the notice or refusal and—

• (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

• (d) the person successfully appeals against the refusal of a completion certificate and the First-tier Tribunal finds that the refusal was unreasonable.

• (2) A person may appeal against a decision not to award compensation or the amount of compensation on the grounds that—

• (a) the regulator's decision was unreasonable;

• (b) the amount offered was based on incorrect facts; or

• (c) the decision was wrong for any other reason.

Offences

23

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.

PART 3 — Enforcement undertakings

Enforcement undertakings

24

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.

Contents of an enforcement undertaking

25

• (1) An enforcement undertaking must specify—

• (a) action to be taken by the person to secure that the offence does not continue or recur;

• (b) 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

• (c) action (including the payment of a sum of money) to be taken by the person to benefit any person affected by the offence.

• (2) It must specify the period within which the action must be completed.

• (3) It must include—

• (a) a statement that the undertaking is made in accordance with this Schedule;

• (b) the terms of the undertaking; and

• (c) information as to how and when the person is to be considered to have discharged the undertaking.

• (4) The enforcement undertaking may be varied, or the period within which the action must be completed may be extended, if both the regulator and the person who gave the undertaking agree in writing.

Acceptance of an enforcement undertaking

26

• (1) If the regulator has accepted an enforcement undertaking from a person—

• (a) that person may not at any time be convicted of the offence in respect of the act or omission to which the undertaking relates; and

• (b) the regulator may not serve on that person a compliance notice, restoration notice or stop notice, or impose a fixed or variable monetary penalty on that person, in respect of that act or omission.

• (2) Paragraph (1) does not apply if the person who gave the undertaking has failed to comply with it or any part of it.

Discharge of an enforcement undertaking

27

• (1) If the regulator is satisfied that an enforcement undertaking has been complied with, it must issue a certificate (“a discharge certificate”) to that effect.

• (2) An enforcement undertaking ceases to have effect on the issue of a discharge certificate.

• (3) The regulator may require the person who has given the undertaking to provide sufficient information to determine that the undertaking has been complied with.

• (4) The person who gave the undertaking may at any time apply for a discharge certificate.

• (5) The regulator must decide whether to issue a discharge certificate, and give written notice of the decision to the applicant (including information as to the right of appeal), within 14 days of such an application.

• (6) The applicant may appeal against a decision not to issue a discharge certificate on the grounds that the decision—

• (a) was based on an error of fact;

• (b) was wrong in law;

• (c) was unfair or unreasonable;

• (d) was wrong for any other reason.

Inaccurate, incomplete or misleading information

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.

• (2) The regulator may by notice in writing revoke a discharge certificate issued under paragraph 27 if it was issued on the basis of inaccurate, incomplete or misleading information.

Non-compliance with an enforcement undertaking

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

• (b) bring criminal proceedings.

• (2) If a person has complied partly but not fully with an undertaking, that partial compliance must be taken into account in the imposition of any criminal or other sanction on the person.

• (3) Criminal proceedings for offences to which an enforcement undertaking relates may be instituted at any time up to 6 months from the date on which the regulator notifies the person that the person has failed to comply with that undertaking.

• (4) The provisions in paragraphs 30(2) to (7) and 31 apply to non-compliance penalties served pursuant to this paragraph as they apply to such penalties served pursuant to paragraph 30(1).

• (5) For the purposes of sub-paragraph (4), the references to “compliance notice, restoration notice or third party undertaking” in paragraph 30(2) and (5) are to be read as a reference to “enforcement undertaking”

PART 4 — Non-compliance penalties

Non-compliance penalties

30

• (1) If a person fails to comply with a compliance notice, restoration notice or third party undertaking, the regulator may, irrespective of whether a variable monetary penalty was also imposed, serve a notice on that person imposing a monetary penalty (“a non-compliance penalty”).

• (2) The amount of the non-compliance penalty must be determined by the regulator, and must be a percentage of the costs of fulfilling the remaining requirements of the compliance notice, restoration notice or third party undertaking.

• (3) The percentage must be determined by the regulator having regard to all the circumstances of the case and may, if appropriate, be 100%.

• (4) The notice must include information as to—

• (a) the grounds for imposing the non-compliance penalty;

• (b) the amount to be paid;

• (c) how payment must be made;

• (d) the period in which payment must be made, which must not be less than 28 days;

• (e) rights of appeal;

• (f) the consequences of failure to comply with the notice; and

• (g) any circumstances in which the regulator may reduce the amount of the penalty.

• (5) If the requirements of the compliance notice, restoration notice or third party undertaking are fulfilled before the time specified for payment of the non-compliance penalty, the penalty is not payable.

• (6) Following expiry of the specified payment period, the regulator may recover the non-compliance penalty as if payable under an order of the court.

• (7) A non-compliance penalty paid to the regulator under this paragraph must be paid into—

• (a) the Consolidated Fund, where the regulator is Natural England; and

• (b) the Welsh Consolidated Fund, where the regulator is the Natural Resources Body for Wales.

Appeals

31

• (1) The person on whom the notice imposing the non-compliance penalty is served may appeal against it.

• (2) The grounds of appeal are—

• (a) that the decision to serve the notice was based on an error of fact;

• (b) that the decision was wrong in law;

• (c) that the decision was unfair or unreasonable for any reason;

• (d) that the amount of the penalty is unreasonable;

• (e) that the decision was wrong for any other reason.

PART 5 — Withdrawal and amendment of notices

Withdrawing or amending a notice

32

The regulator may at any time in writing—

• (a) withdraw a compliance notice, restoration notice or stop notice, or amend the steps specified in such a notice in order to reduce the amount of work necessary to comply with the notice;

• (b) withdraw a notice imposing a fixed monetary penalty; or

• (c) withdraw a notice imposing a variable monetary penalty or a non-compliance penalty, or reduce the amount of the penalty specified in the notice.

PART 6 — Costs recovery

Recovery of enforcement costs

33

• (1) The regulator may give a costs recovery notice if any of the conditions in sub-paragraph (3) are met.

• (2) A cost recovery notice is a notice requiring the person to pay the regulator's costs.

• (3) The conditions are that that the regulator has—

• (a) imposed on the person a compliance notice under paragraph 2;

• (b) imposed on the person a restoration notice under paragraph 3;

• (c) imposed on the person a variable monetary penalty under paragraph 5; or

• (d) served on the person a stop notice under paragraph 18.

• (4) In sub-paragraph (2), the reference to costs is a reference to any costs relating to preparing and giving the compliance notice, restoration notice, variable monetary penalty, or stop notice, as the case may be, and includes a reference to the costs of any related investigation or expert advice, (including legal advice).

• (5) The costs recovery notice must include information as to—

• (a) the amount of the costs which must be paid;

• (b) the period in which payment must be made, which must not be less than 28 days;

• (c) how payment must be made;

• (d) the consequences of failing to make payment within the specified payment period; and

• (e) rights of appeal.

• (6) Following expiry of the specified payment period, the regulator may recover the costs referred to in the costs recovery notice as if payable under an order of the court.

• (7) The person to whom the costs recovery notice is given may appeal against it.

• (8) The grounds of appeal are—

• (a) that the decision to serve the notice was based on an error of fact;

• (b) that the decision was wrong in law;

• (c) that the decision was unfair or unreasonable for any reason;

• (d) that the amount of the penalty was unreasonable;

• (e) that the decision was wrong for any other reason.

PART 7 — Appeals

Appeals

34

• (1) Any appeal under this Schedule must be made to the First-tier Tribunal.

• (2) In any appeal the Tribunal must determine the standard of proof.

• (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.

• (4) The Tribunal may, in relation to the imposition of a requirement or service of a notice—

• (a) withdraw the requirement or notice;

• (b) confirm the requirement or notice;

• (c) vary the requirement or notice;

• (d) take such steps as the regulator could take in relation to the act or omission giving rise to the requirement or notice;

• (e) remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the regulator.

PART 8 — Guidance and publicity

Guidance as to use of civil sanctions

35

• (1) The regulator must publish guidance about its use of civil sanctions.

• (2) The regulator must revise and update the guidance where appropriate.

• (3) The regulator must have regard to the guidance or revised and updated guidance in exercising its functions.

• (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—

• (a) the circumstances in which the civil sanction is likely to be imposed;

• (b) the circumstances in which it is not likely to be imposed;

• (c) where relevant, rights to make representations and objections;

• (d) rights of appeal; and

• (e) in the case of guidance about variable monetary penalties and non-compliance penalties, the matters likely to be taken into account by the regulator in determining the amount of the penalty (including voluntary reporting by a person of the person's own non-compliance).

• (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

• (b) the circumstances in which the regulator is not likely to accept an enforcement undertaking.

Consultation on guidance

36

The regulator must consult such persons as it considers appropriate before publishing—

• (a) any guidance; or

• (b) any significant revisions or updates to guidance which has already been published.

Publication of enforcement action

37

• (1) The regulator must publish annually—

• (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.

• (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) This paragraph does not apply in cases where the regulator considers that publication would be inappropriate.

SCHEDULE 4 — Amendments

PART 1 — Amendments to primary legislation

Wildlife and Countryside Act 1981

1

• (1) The Wildlife and Countryside Act 1981 is amended as follows.

• (2) In section 14 (introduction of new species etc.), after subsection (4) insert—

(4ZA) 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.

• (3) In Schedule 9 (animals and plants to which section 14 applies)—

• (a) in Part 1 (animals which are established in the wild) omit the following entries—

Common Name	Scientific Name
Crab, Chinese Mitten	Eriocheir sinensis
Crayfish, Red Swamp	Procambarus clarkii
Crayfish, Signal	Pacifastacus leniusculus
Crayfish, Spiny-cheek	Orconectes limosus
Deer, Muntjac	Muntiacus reevesi
Duck, Ruddy	Oxyura jamaicensis
Goose, Egyptian	Alopochen aegyptiacus
Squirrel, Grey	Sciurus carolinensis;

• (b) in Part 2 (plants)—

• (i) omit the following entries—

Common Name	Scientific Name
Balsam, Himalayan	Impatiens glandulifera
Fanwort (otherwise known as Carolina Water-Shield)	Cabomba caroliniana
Hogweed, Giant	Heracleum mantegazzianum
Hyacinth, Water	Eichhornia crassipes
Parrot's feather	Myriophyllum aquaticum
Pennywort, Floating	Hydrocotyle ranunculoides
Primrose, Floating Water	Ludwigia peploides
Primrose, Water	Ludwigia grandiflora
Rhubarb, Giant	Gunnera tinctoria
Waterweed, Curly	Lagarosiphon major;

• (ii) for the entry in respect of “Waterweeds” substitute—

Waterweeds (except Nuttall's Waterweed)	All species of the genus Elodea, except Elodea nuttallii

• (4) In Schedule 9A (species control agreements and orders)—

• (a) in sub-paragraph (2) of paragraph 1 (overview), for paragraphs (a) and (b) substitute—

(a) a species of animal or plant included on the Union list, (b) an invasive non-native species of animal or plant not falling within sub-paragraph (a), or (c) a species of animal that is no longer normally present in Great Britain.

• (b) in paragraph 2 (definitions relating to species), after sub-paragraph (5), insert—

(6) The “Union list” means 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.

PART 2 — Amendments to secondary legislation

The Prohibition of Keeping of Live Fish (Crayfish) Order 1996

2

• (1) The Prohibition of Keeping of Live Fish (Crayfish) Order 1996 is amended as follows.

• (2) For article 1(2), substitute—

(2) In this Order “crayfish” means a freshwater decapod crustacean of the Families Astacidae, Cambaridae or Parastacidae, other than the species— (a) Austropotamobius pallipes (commonly known as the Atlantic stream, or white-clawed, crayfish); (b) Orconectes limosus (commonly known as the spiny-cheek crayfish); (c) Orconectes virilis (commonly known as the virile crayfish); (d) Pacifastacus leniusculus (commonly known as the signal crayfish); (e) Procambarus clarkii (commonly known as the red swamp crayfish); and (f) Procambarus fallax f. virginalis (commonly known as the marbled crayfish).

• (3) In article 2—

• (a) in paragraph (1), omit the words “(2) and”;

• (b) omit paragraph (2).

• (4) Omit the Schedule.

The Wildlife and Countryside Act 1981 (Prohibition on Sale etc. of Invasive Non-native Plants (England) Order 2014

3

In the table in article 3 of the Wildlife and Countryside Act 1981 (Prohibition on Sale etc. of Invasive Non-native Plants) (England) Order 2014 omit the following entries—

Signed

Gardiner of Kimble — Parliamentary Under Secretary of State

Lesley Griffiths — Minister for Environment, Energy and Rural Affairs, — 2019-03-05

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006. It was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and by S.I. 2007/1388.

[^f00002]: 1981 c. 69. Section 22(5) was amended by section 25(5) of the Infrastructure Act 2015 (c. 7).

[^f00003]: S.I. 2008/301.

[^f00004]: S.I. 2014/1890.

[^f00005]: OJ No. L317, 4.11.2014, p. 35.

[^f00006]: 2009 c. 11.

[^f00007]: 1981 c. 69. 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).

[^f00008]: S.I. 2002/791.

[^f00009]: 1964 c. 29. Section 1(7) was amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c. 23) and by section 103 of the Energy Act 2011 (c. 16). Areas have been designated under section 1(7) by S.I. 1987/1265 (as amended by S.I. 2000/3062) and 2013/3162.

[^f00010]: As defined by section 1 of the Fishery Limits Act 1976 (c. 86).

[^f00011]: 1966 c. 36. Section 2 was amended by S.I. 2003/2919 and 2008/1824.

[^f00012]: S.I. 1999/1126.

[^f00013]: S.I. 1999/672, to which there are amendments not relevant to this Order. 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.

[^f00014]: 1971 c. 80. Section 1 was amended by paragraph 4(1) of Schedule 5 to the Northern Ireland Constitutions Order 1973 (c. 36). Schedule 1 was amended by section 1 of the St Andrew’s Day Bank Holiday (Scotland) Act 2007 (asp 2). There are other amendments which are not relevant to this Order.

[^f00015]: 1981 c. 69. 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).

[^f00016]: 1925 c. 86. Section 33 was amended by section 132 of, and Schedule 6 to, the Magistrates Courts Act 1952 (c. 55); paragraph 19 of Schedule 8 to the Courts Act 1971 (c. 23); and paragraph 71 of Schedule 8, and Schedule 10, to the Courts Act 2003 (c. 39) (subject to savings specified in S.I. 2004/2066).

[^f00017]: 1980 c. 43. Schedule 3 was amended by Schedule 13 to the Criminal Justice Act 1991 (c. 53); and paragraph 51 of Schedule 3, and paragraph 1 of Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44).

[^f00018]: 1995 (c. 46). 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. (Reform) (Scotland) Act 2007 (asp 6); section 66 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13); section 6(4) of the Partnerships (Prosecution) (Scotland) Act 2013 (c. 21); section 83(a) of Part 3 of the Criminal Justice (Scotland) Act 2016 (asp 1); and S.I. 2001/1149. Section 143 was amended by section 17 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6); section 67 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13); and SSI 2001/128.

[^f00019]: 1945 c. 15 (N.I.). Section 18(1), (2) and (6) was repealed by Schedule 7 to the Magistrates’ Court Act (Northern Ireland) 1964 (c. 21 (N.I.)). Section 18(3) was amended by S.I. 1972/538 (N.I. 1), and its effect was continued by paragraph 1 of Schedule 12 to the Justice (Northern Ireland) Act 2002 (c. 26).

[^f00020]: S.I. 1981/1675 (N.I. 26).

[^f00021]: 1964 c. 29. Section 1(7) was amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c. 23). Areas have been designated under section 1(7) by S.I. 1987/1265 (as amended by S.I. 2000/3062) and 2013/3162.

[^f00022]: 2004 c. 20. Section 84(4) was substituted by paragraph 4 of Schedule 4 to the Marine and Coastal Access Act 2009 (c. 23). Areas have been designated under section 84(4) by S.I. 2004/2668 and 2013/3161.

[^f00023]: 1994 c. 39, to which there are amendments not relevant to this Order.

[^f00024]: 1979 c. 2. Section 164(5) was inserted by section 10(3) of the Finance Act 1988 (c. 39).

[^f00025]: 2018 c. 12.

[^f00026]: OJ No. L119, 4.5.2016, p.1.

[^f00027]: Article 191 of the Treaty on the Functioning of the European Union requires Union policy on the environment to be based on the precautionary principle. It aims at ensuring a higher level of environmental protection through preventative decision-taking in the case of risk. See the Communication from the Commission on the precautionary principle (COM/2000/0001/Final).

[^f00028]: Requests in writing can be made to the Centre for International Trade, Animal and Plant Health Agency, Horizon House, Deanery Road, Bristol, BS1 5AH.

[^f00029]: OJ No. L256, 7.9.1987, p.1.

[^f00030]: 1932 c. 12. 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. 1955/554 and 1992/3302. 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).

[^f00031]: 1979 c. 2.

[^f00032]: S.I. 2014/3303 (W. 336); amended by S.I. 2017/1012.

[^f00033]: S.I. 2015/10; amended by S.I. 2017/1012.

[^f00034]: S.I. 1996/1374.

[^f00035]: 2015 c. 26. 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).

[^f00036]: 1981 c.69. Section 14 of the Act was amended by section 102 of, and Part 4 of Schedule 16 to, the Countryside and Rights of Way Act 2000 (c. 16) and sections 23 and 25 of the Infrastructure Act 2015 (c. 7). 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). Schedule 9 was amended by sections 24 and 25 of the Infrastructure Act 2015 (c. 7); S.I. 1992/320, 1992/2674, 1997/226, 1999/1002, 2010/609 and (in relation to Wales) 2015/1180. Schedule 9A was inserted by section 23(3) of the Infrastructure Act 2015 (c. 7). There are other amendments which are not relevant.

[^f00037]: S.I. 1996/1104, amended by section 73(2) of the Countryside and Rights of Way Act 2000 (c. 37); S.I. 1996/1374 and 2011/2292.

[^f00038]: S.I. 2014/538.

Editorial notes

[^c23629061]: 1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006. It was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and by S.I. 2007/1388.

[^c23629071]: 1981 c. 69. Section 22(5) was amended by section 25(5) of the Infrastructure Act 2015 (c. 7).

[^c23629081]: S.I. 2008/301.

[^c23629091]: S.I. 2014/1890.

[^c23629101]: OJ No. L317, 4.11.2014, p. 35.

[^c23629111]: 2009 c. 11.

[^c23629121]: 1981 c. 69. 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).

[^c23629131]: S.I. 2002/791.

[^c23629141]: 1964 c. 29. Section 1(7) was amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c. 23) and by section 103 of the Energy Act 2011 (c. 16). Areas have been designated under section 1(7) by S.I. 1987/1265 (as amended by S.I. 2000/3062) and 2013/3162.

[^c23629151]: As defined by section 1 of the Fishery Limits Act 1976 (c. 86).

[^c23629161]: 1966 c. 36. Section 2 was amended by S.I. 2003/2919 and 2008/1824.

[^c23629171]: S.I. 1999/1126.

[^c23629181]: S.I. 1999/672, to which there are amendments not relevant to this Order. 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.

[^c23629191]: 1971 c. 80. Section 1 was amended by paragraph 4(1) of Schedule 5 to the Northern Ireland Constitutions Order 1973 (c. 36). Schedule 1 was amended by section 1 of the St Andrew's Day Bank Holiday (Scotland) Act 2007 (asp 2). There are other amendments which are not relevant to this Order.

[^c23629201]: 1981 c. 69. 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).

[^c23629211]: 1925 c. 86. Section 33 was amended by section 132 of, and Schedule 6 to, the Magistrates Courts Act 1952 (c. 55); paragraph 19 of Schedule 8 to the Courts Act 1971 (c. 23); and paragraph 71 of Schedule 8, and Schedule 10, to the Courts Act 2003 (c. 39) (subject to savings specified in S.I. 2004/2066).

[^c23629221]: 1980 c. 43. Schedule 3 was amended by Schedule 13 to the Criminal Justice Act 1991 (c. 53); and paragraph 51 of Schedule 3, and paragraph 1 of Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44).

[^c23629231]: 1995 (c. 46). 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. (Reform) (Scotland) Act 2007 (asp 6); section 66 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13); section 6(4) of the Partnerships (Prosecution) (Scotland) Act 2013 (c. 21); section 83(a) of Part 3 of the Criminal Justice (Scotland) Act 2016 (asp 1); and S.I. 2001/1149. Section 143 was amended by section 17 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6); section 67 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13); and SSI 2001/128.

[^c23629241]: 1945 c. 15 (N.I.). Section 18(1), (2) and (6) was repealed by Schedule 7 to the Magistrates' Court Act (Northern Ireland) 1964 (c. 21 (N.I.)). Section 18(3) was amended by S.I. 1972/538 (N.I. 1), and its effect was continued by paragraph 1 of Schedule 12 to the Justice (Northern Ireland) Act 2002 (c. 26).

[^c23629251]: S.I. 1981/1675 (N.I. 26).

[^c23629261]: 1964 c. 29. Section 1(7) was amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c. 23). Areas have been designated under section 1(7) by S.I. 1987/1265 (as amended by S.I. 2000/3062) and 2013/3162.

[^c23629271]: 2004 c. 20. Section 84(4) was substituted by paragraph 4 of Schedule 4 to the Marine and Coastal Access Act 2009 (c. 23). Areas have been designated under section 84(4) by S.I. 2004/2668 and 2013/3161.

[^c23629281]: 1994 c. 39, to which there are amendments not relevant to this Order.

[^c23629291]: 1979 c. 2. Section 164(5) was inserted by section 10(3) of the Finance Act 1988 (c. 39).

[^c23629301]: 2018 c. 12.

[^c23629311]: OJ No. L119, 4.5.2016, p.1.

[^c23629321]: Article 191 of the Treaty on the Functioning of the European Union requires Union policy on the environment to be based on the precautionary principle. It aims at ensuring a higher level of environmental protection through preventative decision-taking in the case of risk. See the Communication from the Commission on the precautionary principle (COM/2000/0001/Final).

[^c23629331]: Requests in writing can be made to the Centre for International Trade, Animal and Plant Health Agency, Horizon House, Deanery Road, Bristol, BS1 5AH.

[^c23629341]: OJ No. L256, 7.9.1987, p.1.

[^c23629351]: 1932 c. 12. 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. 1955/554 and 1992/3302. 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).

[^c23629361]: 1979 c. 2.

[^c23629371]: S.I. 2014/3303 (W. 336); amended by S.I. 2017/1012.

[^c23629381]: S.I. 2015/10; amended by S.I. 2017/1012.

[^c23629391]: S.I. 1996/1374.

[^c23629401]: 2015 c. 26. 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).

[^c23629411]: 1981 c.69. Section 14 of the Act was amended by section 102 of, and Part 4 of Schedule 16 to, the Countryside and Rights of Way Act 2000 (c. 16) and sections 23 and 25 of the Infrastructure Act 2015 (c. 7). 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). Schedule 9 was amended by sections 24 and 25 of the Infrastructure Act 2015 (c. 7); S.I. 1992/320, 1992/2674, 1997/226, 1999/1002, 2010/609 and (in relation to Wales) 2015/1180. Schedule 9A was inserted by section 23(3) of the Infrastructure Act 2015 (c. 7). There are other amendments which are not relevant.

[^c23629421]: S.I. 1996/1104, amended by section 73(2) of the Countryside and Rights of Way Act 2000 (c. 37); S.I. 1996/1374 and 2011/2292.

[^c23629431]: S.I. 2014/538.

[^key-03ae95e63c6fcfde6fd71fef312d9964]: Words in art. 12(3) substituted (E.W.S) (31.12.2020) by S.I. 2019/1220, reg. 7(4)(b)(i) (as substituted by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(a))

[^key-048230fd4083fc8a6649e227728877c0]: Words in art. 16(4) substituted (N.I.) (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 8(7)(a)

[^key-07022e035052632409aec4fe504c5c03]: Art. 42 in force at 1.12.2019, see art. 1(1)

[^key-082b97da6fef7a941c106ba34071db30]: Sch. 2 Pt. 2 in force at 1.12.2019, see art. 1(1)

[^key-0a4c46036d53c750f95f9037afe160e5]: Sch. 3 para. 37 in force at 1.12.2019, see art. 1(1)

[^key-0ac7b08ee9d35c4f4fb3c7aececd2ef6]: Art. 37 in force at 1.12.2019, see art. 1(1)

[^key-0d4f65898091c7c6573182b7f9320aba]: Art. 31 in force at 1.12.2019, see art. 1(1)

[^key-0e050191874949f4c565fe0d48b1fcf8]: Art. 1 in force at 1.12.2019, see art. 1(1)

[^key-103228475ff3bbfee6b469e54460f9ac]: Words in art. 16(4) omitted (E.W.S.) (31.12.2020) by S.I. 2019/1220, reg. 7(4A)(b)(iv) (as inserted by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(b))

[^key-1475293d3800b9b11167a5ef174e1eec]: Words in Sch. 1 Table 2 substituted (E.W.S.) (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(d), 7(6)(b)(iii)(aa) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 7(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-15249abc6336d54d4057567f92069d23]: Sch. 3 para. 29(4)(5) inserted (E.W.) (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 9(5)

[^key-1819b00def1e742c6eae07e499368055]: Art. 21(3) inserted (E.W.S.) (31.12.2020) by S.I. 2019/1220, reg. 7(5)(b) (as substituted by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(c))

[^key-1bfd9345eb6f7c0b6cdc779f218bd5fd]: Sch. 3 para. 26 in force at 1.12.2019, see art. 1(1)

[^key-1d2107558cccc93ce4a00a44f9caea07]: Sch. 3 para. 15 in force at 1.12.2019, see art. 1(1)

[^key-1f5ee596b200d714d35eb4f9f3297c28]: Words in art. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(d), 7(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-207ad6ee99081585775c5b781e05e37f]: Sch. 2 Pt. 3 in force at 1.12.2019, see art. 1(1)

[^key-22420337cc288e80bc36bc0a9b19d498]: Art. 41 in force at 1.12.2019, see art. 1(1)

[^key-227028ca2971e6a4926eeff640fc90ad]: Words in Sch. 1 Table 2 substituted (E.W.S.) (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(d), 7(6)(b)(iii)(bb) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 7(2)(3)(d)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-24bbbd6ee692442a5a3f97a3fffb2185]: Art. 3A inserted (N.I.) (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 8(4)

[^key-25da996007f35db27ff9a710ce186651]: Words in art. 30(5)(b)(ii) substituted (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 9(3)

[^key-2f5209fdd9668768bdfffb11c4e371bc]: Sch. 3 para. 8 in force at 1.12.2019, see art. 1(1)

[^key-3012bb43793422c4dda8056d49b9ee0b]: Words in Sch. 1 Table 2 substituted (E.W.S.) (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(d), 7(6)(b)(ii) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 7(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3125acb1a7ec94a05bcb2f544537012d]: Sch. 3 para. 34 in force at 1.12.2019, see art. 1(1)

[^key-328b296eaeeb67b13141acc99416be7a]: Art. 29 in force at 1.12.2019, see art. 1(1)

[^key-388d84519fe45d562e6a043564d59e94]: Sch. 3 para. 14 in force at 1.12.2019, see art. 1(1)

[^key-3d1c9f7b1ddd44920ed4dd2dd48d5c52]: Sch. 3 para. 23 in force at 1.12.2019, see art. 1(1)

[^key-401177bda9cf6397c1a85f983da10f5e]: Art. 5 in force at 1.12.2019, see art. 1(1)

[^key-4480a371e20f14bef79466ecfd117f7b]: Sch. 3 para. 1 in force at 1.12.2019, see art. 1(1)

[^key-4492ccaaa770814df2becfb2d39c0777]: Sch. 3 para. 35 in force at 1.12.2019, see art. 1(1)

[^key-451b8d47567e2366ae273e4ce5f0d5b9]: Art. 38 in force at 1.12.2019, see art. 1(1)

[^key-45cf40cdfd64b82c0b5b6fd956a25186]: Art. 25 in force at 1.12.2019, see art. 1(1)

[^key-493d978c0fd293bab442d8ba98a4cea7]: Art. 34 in force at 1.12.2019, see art. 1(1)

[^key-512cb7694c65c4b4dc689b07cd09e549]: Words in art. 1(1) substituted (30.9.2019) by The Invasive Alien Species (Enforcement and Permitting) (Amendment) Order 2019 (S.I. 2019/1213), arts. 1, 2(2)

[^key-51e4c90dce1a1c1e2b207a67827fe34c]: Sch. 3 para. 19 in force at 1.12.2019, see art. 1(1)

[^key-5255920dbdfd87b3deb0692e0174d398]: Art. 23 in force at 1.12.2019, see art. 1(1)

[^key-52566637595af8e6ac9950eed0b51303]: Art. 27 in force at 1.12.2019, see art. 1(1)

[^key-5258f3a94217dd698fa91f0f3e34eb37]: Art. 20 in force at 1.12.2019, see art. 1(1)

[^key-56385b35550b41aa09564833f86d8751]: Art. 18(2) substituted (E.W.S.) (31.12.2020) by S.I. 2019/1220, reg. 7(4B)(a) (as inserted by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(b))

[^key-56d86aa58089d830c6c003aa9a9c5993]: Words in Sch. 2 Pt. 2 Table inserted (E.W.) (4.5.2021) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(b), 41(3)

[^key-5724c67eac0fe8c17f181e8b4eb6a279]: Art. 21 in force at 1.12.2019, see art. 1(1)

[^key-585d033a59f064e302483291b1e8cb1b]: Art. 3(1A) inserted (N.I.) (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 8(3)(a)

[^key-5a1294e10bcf7f86c112a4dd696faf13]: Sch. 1 in force at 1.12.2019, see art. 1(1)

[^key-5d165926ec60d5e7fae72317efb706f1]: Art. 18 in force at 1.12.2019, see art. 1(1)

[^key-60d75e5ca875fa12a8535463b76c3091]: Art. 17 in force at 1.12.2019, see art. 1(1)

[^key-6417d695465e2530a3ff6813acd2fd2d]: Words in Sch. 1 Table 2 substituted (E.W.S.) (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(d), 7(6)(b)(i) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 7(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-653c3cafd30679efd4861a42ae09c339]: Sch. 3 para. 36 in force at 1.12.2019, see art. 1(1)

[^key-6603d5754f57cbade5790b4552800a80]: Words in Pt. 3 substituted (E.W.S.) (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(d), 7(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-67f9fb1a25d331958450c8c839eb6a30]: Words in art. 33(3)(ii) substituted (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 9(3)

[^key-69205315ece59e49aed41d696210cd8f]: Art. 14 in force at 1.12.2019, see art. 1(1)

[^key-69bc27c6ce4bfe8ac821b6440eea98ad]: Words in art. 30(4)(ii) substituted (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 9(3)

[^key-6e66495f742ea3e2202dd97f9fd84694]: Words in art. 26(7)(a)(ii) substituted (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 9(3)

[^key-6eb03a2d80153d769b95da0a39c2b0aa]: Sch. 3 para. 12 in force at 1.12.2019, see art. 1(1)

[^key-70f875fafd80412074f05ccad0a66fc7]: Sch. 3 para. 7 in force at 1.12.2019, see art. 1(1)

[^key-71013dedc7c3432bd7d1e6788f58de10]: Sch. 3 para. 18 in force at 1.12.2019, see art. 1(1)

[^key-7275bf8c66400b240d174f844dbe5771]: Sch. 3 para. 33 in force at 1.12.2019, see art. 1(1)

[^key-72b2fe974737e3cb368411cc8ab51f4f]: Art. 2 in force at 1.12.2019, see art. 1(1)

[^key-7493cf892320e15d82831c79ba276ac0]: Art. 3(7) inserted (N.I.) (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 8(3)(b)

[^key-765add74c323e3d226d9add3f5fb13a6]: Art. 12 omitted (N.I.) (31.12.2020) by virtue of The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 8(5)

[^key-7795adbc5d6bdaf910c90e0f78d578bb]: Words in art. 2(1) inserted (E.W.S.) (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(d), 7(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-77eafe24c060931883dfa7c6986cf3c8]: Sch. 3 para. 16 in force at 1.12.2019, see art. 1(1)

[^key-785cde49015dd3df294cfd17a6138dc1]: Sch. 3 para. 24 in force at 1.12.2019, see art. 1(1)

[^key-79794ef5729606e84fb0133b7ee12754]: Sch. 3 para. 2 in force at 1.12.2019, see art. 1(1)

[^key-7ccb603ed046dfe276ff3e7b35fc73ab]: Sch. 3 para. 31 in force at 1.12.2019, see art. 1(1)

[^key-7d58815a6a18f6e9f885ae0b64094d3b]: Art. 39 in force at 1.12.2019, see art. 1(1)

[^key-7d7b94755299aab088250647023392b0]: Sch. 4 para. 2 in force at 1.12.2019, see art. 1(1)

[^key-7ddcaac757f7632020605c0bcdb90de7]: Words in Sch. 2 Pt. 1 Table inserted (E.W.) (4.5.2021) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(b), 41(2)(b)

[^key-7fb4cec276218be2b55bd7b745d17ab1]: Sch. 2 Pt. 1 in force at 1.12.2019, see art. 1(1)

[^key-7fea790e32dbbcb3f251d62db29a264d]: Art. 15 in force at 1.12.2019, see art. 1(1)

[^key-848956b6278c3249639ac42869f39e27]: Sch. 3 para. 29 in force at 1.12.2019, see art. 1(1)

[^key-853715251dae5b5a2d0223e78e842fac]: Art. 43 in force at 1.12.2019, see art. 1(1)

[^key-861d221b611310f4e345790933e5eae3]: Art. 9 in force at 1.12.2019, see art. 1(1)

[^key-86f3f17c470e7969b4385122f57ae249]: Sch. 3 para. 9 in force at 1.12.2019, see art. 1(1)

[^key-8764cbd6288b0538ab31e1eeedd28563]: Art. 21(2)(b)(c) omitted (N.I.) (31.12.2020) by virtue of The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 8(9)

[^key-891c4eed9feaf4dc39d38d8531dbf195]: Art. 16(4): full stop substituted for word (E.W.S.) (31.12.2020) by S.I. 2019/1220, reg. 7(4A)(b)(iii) (as inserted) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(b))

[^key-898e9037435a5520e30fcc5294228a78]: Sch. 3 para. 32 in force at 1.12.2019, see art. 1(1)

[^key-89ce95e31bfa453fedf6bb5d55bbd823]: Art. 4 in force at 1.12.2019, see art. 1(1)

[^key-911c5fe26d5971443e6c5397f46e9700]: Art. 7 in force at 1.12.2019, see art. 1(1)

[^key-92e967db5bb985a9fc28052d960d2cd7]: Words in art. 43(2) substituted (30.9.2019) by The Invasive Alien Species (Enforcement and Permitting) (Amendment) Order 2019 (S.I. 2019/1213), arts. 1, 2(3)

[^key-92fa752c911e863e93d3f8faab1e079d]: Sch. 3 para. 13 in force at 1.12.2019, see art. 1(1)

[^key-946c37278d547434f27127373a74bebe]: Words in art. 16(4) substituted (N.I.) (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 8(7)(b)

[^key-97847bb5c73d48ae0af9c2e572b6e6bb]: Art. 11 in force at 1.12.2019, see art. 1(1)

[^key-97c464ba2832432887240db5fa7b7415]: Pt. 2A inserted (N.I.) (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 8(6)

[^key-9d0b9d8b793c2d90eb92f4ce40a57289]: Art. 20(1)(1A) substituted for art. 20(1) (26.9.2019) by The Animal Health, Invasive Alien Species, Plant Breeders Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(a), 2

[^key-9ed2dd2efd8335223e9cf9198a3c9d2b]: Art. 19 in force at 1.12.2019, see art. 1(1)

[^key-a0719b9d6ec9ecdb4c09089132b7d7a3]: Art. 36 in force at 1.12.2019, see art. 1(1)

[^key-a08d19cb550ea11a8d9b47e75d97a450]: Art. 18(6) substituted (E.W.S.) (31.12.2020) by S.I. 2019/1220, reg. 7(4B)(b) (as inserted by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(b))

[^key-a12018638d7256bb8528eb47c1880211]: Words in art. 16(1) substituted (E.W.S.) (31.12.2020 immediately before IP completion day) by S.I. 2019/1220, reg. 7(4A)(a) (as inserted by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(b))

[^key-a3da405ae81d0216c9bda279d6857d76]: Art. 13 in force at 1.12.2019, see art. 1(1)

[^key-a477705154133703f96762423f969eb6]: Sch. 3 para. 21 in force at 1.12.2019, see art. 1(1)

[^key-a53aa65ed41ebbdcf1d3abac26c319d1]: Art. 33A inserted (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 9(4)

[^key-a6c4176d3d303efaea8427eec8f2c769]: Sch. 3 para. 22 in force at 1.12.2019, see art. 1(1)

[^key-a8a32164fc5239a65a963b2fe1a58ac9]: Sch. 3 para. 5 in force at 1.12.2019, see art. 1(1)

[^key-a99df0095897555d11f888ad75d9909d]: Art. 24 in force at 1.12.2019, see art. 1(1)

[^key-aa116e231f5351facd397f78a9471e25]: Art. 18(6)(b)(ii)(iii) substituted (N.I.) (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 8(8)(b)

[^key-ab8452c6e3bff178c4db510f94c6683f]: Sch. 3 para. 6 in force at 1.12.2019, see art. 1(1)

[^key-ac227d13c264b5cf6003d75b180ea49a]: Sch. 3 para. 3 in force at 1.12.2019, see art. 1(1)

[^key-b261eb7bf2b58bb881220047bea0d9a8]: Sch. 3 para. 11 in force at 1.12.2019, see art. 1(1)

[^key-b373077caed3f2c0790e390ac4daaa77]: Art. 21(2)(c)(iv) full stop substituted for semicolon (E.W.S.) (31.12.2020) by S.I. 2019/1220, reg. 7(5)(a)(ii) (as substituted) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(c))

[^key-b934e52c42ab8fe478e00d0ab4178335]: Art. 26 in force at 1.12.2019, see art. 1(1)

[^key-baa187aa9ffb4b285747316883b48a2a]: Art. 32 in force at 1.12.2019, see art. 1(1)

[^key-bc6b297ec24a9b4d4de5300ceb6df06c]: Art. 30 in force at 1.12.2019, see art. 1(1)

[^key-bd7b05f5b1fde8cd5b9762e17534ccf5]: Art. 3(7) inserted (E.W.S.) (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 9(2)

[^key-bd842036408952be91a22d317b175b2f]: Sch. 3 para. 27 in force at 1.12.2019, see art. 1(1)

[^key-be208c5830928de63e87e4d374469d7f]: Sch. 3 para. 17 in force at 1.12.2019, see art. 1(1)

[^key-be2efc5df00fa8fc7ebfc0cf7fc86a42]: Word in art. 16(4) inserted (E.W.S.) (31.12.2020) by S.I. 2019/1220, reg. 7(4A)(b)(ii) (as inserted by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(b))

[^key-bfae7b6487684640d6993f05bf52dbdc]: Sch. 3 para. 25 in force at 1.12.2019, see art. 1(1)

[^key-bff221fdeaec356062660c7f8b4fc0e9]: Art. 8 in force at 1.12.2019, see art. 1(1)

[^key-c13b7f50a881eb4a9dd05d6a7af9c15a]: Sch. 3 para. 10 in force at 1.12.2019, see art. 1(1)

[^key-c1c816ee7433eaf248f08cb705fc515b]: Art. 12 in force at 1.12.2019, see art. 1(1)

[^key-c3097a69b08dc19c0f2364fcb02fb0fa]: Sch. 4 para. 1 in force at 1.12.2019, see art. 1(1)

[^key-c3b7043b2267fd2af651e736163481b5]: Sch. 3 para. 20 in force at 1.12.2019, see art. 1(1)

[^key-c4342f4842b91960eab2596b9b7bdeae]: Words in Sch. 1 Table 1 substituted (E.W.S.) (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(d), 7(6)(a) (as amended by S.I. 2020/1590, regs. 1(1)(b)(i), 7(2)(3)(d)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c7dfd0d1be6da7703c094b6e436aba48]: Art. 3 in force at 1.12.2019, see art. 1(1)

[^key-c903a30fd38ed02f8967dcd523a7e9b4]: Art. 16 in force at 1.12.2019, see art. 1(1)

[^key-ccc673406493290fccab19e2687352dc]: Words in art. 21(2) substituted (E.W.S) (31.12.2020) by S.I. 2019/1220, reg. 7(5)(a)(i) (as substituted by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(c))

[^key-cd076644d830dd3aa904168803a6e0a8]: Art. 22 in force at 1.12.2019, see art. 1(1)

[^key-d1f13a417b9af7671c03ea01f8046965]: Art. 10 in force at 1.12.2019, see art. 1(1)