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The Invasive Alien Species (Enforcement and Permitting) Order 2019

Type Statutory-Instrument
Publication 2019-03-07
Last updated 2025-02-27
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
PDF Download
articles 1
Reform history JSON API
118

Sch. 1 in force at 1.12.2019, see art. 1(1)

119

Art. 18 in force at 1.12.2019, see art. 1(1)

120

Art. 17 in force at 1.12.2019, see art. 1(1)

122

Sch. 3 para. 36 in force at 1.12.2019, see art. 1(1)

123

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)

125

Art. 14 in force at 1.12.2019, see art. 1(1)

128

Sch. 3 para. 12 in force at 1.12.2019, see art. 1(1)

129

Sch. 3 para. 7 in force at 1.12.2019, see art. 1(1)

130

Sch. 3 para. 18 in force at 1.12.2019, see art. 1(1)

131

Sch. 3 para. 33 in force at 1.12.2019, see art. 1(1)

132

Art. 2 in force at 1.12.2019, see art. 1(1)

136

Sch. 3 para. 16 in force at 1.12.2019, see art. 1(1)

137

Sch. 3 para. 24 in force at 1.12.2019, see art. 1(1)

138

Sch. 3 para. 2 in force at 1.12.2019, see art. 1(1)

139

Sch. 3 para. 31 in force at 1.12.2019, see art. 1(1)

140

Art. 39 in force at 1.12.2019, see art. 1(1)

141

Sch. 4 para. 2 in force at 1.12.2019, see art. 1(1)

143

Sch. 2 Pt. 1 in force at 1.12.2019, see art. 1(1)

144

Art. 15 in force at 1.12.2019, see art. 1(1)

145

Sch. 3 para. 29 in force at 1.12.2019, see art. 1(1)

146

Art. 43 in force at 1.12.2019, see art. 1(1)

147

Art. 9 in force at 1.12.2019, see art. 1(1)

148

Sch. 3 para. 9 in force at 1.12.2019, see art. 1(1)

150

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))

151

Sch. 3 para. 32 in force at 1.12.2019, see art. 1(1)

152

Art. 4 in force at 1.12.2019, see art. 1(1)

153

Art. 7 in force at 1.12.2019, see art. 1(1)

155

Sch. 3 para. 13 in force at 1.12.2019, see art. 1(1)

156

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)

157

Art. 11 in force at 1.12.2019, see art. 1(1)

160

Art. 19 in force at 1.12.2019, see art. 1(1)

161

Art. 36 in force at 1.12.2019, see art. 1(1)

162

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))

163

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))

164

Art. 13 in force at 1.12.2019, see art. 1(1)

165

Sch. 3 para. 21 in force at 1.12.2019, see art. 1(1)

167

Sch. 3 para. 22 in force at 1.12.2019, see art. 1(1)

168

Sch. 3 para. 5 in force at 1.12.2019, see art. 1(1)

169

Art. 24 in force at 1.12.2019, see art. 1(1)

170

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)

171

Sch. 3 para. 6 in force at 1.12.2019, see art. 1(1)

172

Sch. 3 para. 3 in force at 1.12.2019, see art. 1(1)

173

Sch. 3 para. 11 in force at 1.12.2019, see art. 1(1)

174

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))

175

Art. 26 in force at 1.12.2019, see art. 1(1)

176

Art. 32 in force at 1.12.2019, see art. 1(1)

177

Art. 30 in force at 1.12.2019, see art. 1(1)

179

Sch. 3 para. 27 in force at 1.12.2019, see art. 1(1)

180

Sch. 3 para. 17 in force at 1.12.2019, see art. 1(1)

181

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))

182

Sch. 3 para. 25 in force at 1.12.2019, see art. 1(1)

183

Art. 8 in force at 1.12.2019, see art. 1(1)

184

Sch. 3 para. 10 in force at 1.12.2019, see art. 1(1)

185

Art. 12 in force at 1.12.2019, see art. 1(1)

186

Sch. 4 para. 1 in force at 1.12.2019, see art. 1(1)

187

Sch. 3 para. 20 in force at 1.12.2019, see art. 1(1)

189

Art. 3 in force at 1.12.2019, see art. 1(1)

190

Art. 16 in force at 1.12.2019, see art. 1(1)

191

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))

192

Art. 22 in force at 1.12.2019, see art. 1(1)

193

Art. 10 in force at 1.12.2019, see art. 1(1)

195

Art. 12(1A) inserted (E.W.S) (31.12.2020) by S.I. 2019/1220, reg. 7(4)(a) (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))

196

Sch. 3 para. 30 in force at 1.12.2019, see art. 1(1)

197

Sch. 4 para. 3 in force at 1.12.2019, see art. 1(1)

198

Art. 18(6)(a)(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)(a)

200

Sch. 3 para. 4 in force at 1.12.2019, see art. 1(1)

201

Words in art. 12(3) substituted (E.W.S.) (31.12.2020) by S.I. 2019/1220, reg. 7(4)(b)(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)(a))

202

Art. 28 in force at 1.12.2019, see art. 1(1)

203

Art. 35 in force at 1.12.2019, see art. 1(1)

205

Art. 40 in force at 1.12.2019, see art. 1(1)

206

Art. 6 in force at 1.12.2019, see art. 1(1)

207

Art. 33 in force at 1.12.2019, see art. 1(1)

208

Sch. 3 para. 28 in force at 1.12.2019, see art. 1(1)

209

This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

210

This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

211

This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

212

This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

213

This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

214

This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

215

This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

216

This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

217

This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

218

This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

219

This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

220

This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

221

Words in art. 2(1) 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(2)(a)

222

Words in art. 2(1) 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(2)(b)

223

Art. 21(2)(d) omitted (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))

224

Art. 21 in force at 1.12.2019, see art. 1(1)

226

As defined by section 1 of the Fishery Limits Act 1976 (c. 86).

227

Art. 16 in force at 1.12.2019, see art. 1(1)

229

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).

230

Art. 2 in force at 1.12.2019, see art. 1(1)

231

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).

232

Art. 3 in force at 1.12.2019, see art. 1(1)

234

Art. 18 in force at 1.12.2019, see art. 1(1)

235

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.

236

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.

237

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.

238

1966 c. 36. Section 2 was amended by S.I. 2003/2919 and 2008/1824.

Emergency measures

3A

  • (1) For the purpose of Article 10 of the Principal Regulation (emergency measures), the Secretary of State may, by regulations, take emergency measures, consisting of relevant restrictions.
  • (2) In paragraph (1), “relevant restrictions” means restrictions of a kind specified in Article 7(1)(a) (bringing into territory of the Union) or (d) (transportation) of the Principal Regulation, in so far as they relate to controls on imports into and exports from the United Kingdom by the introduction of goods into, and transportation of goods from, Northern Ireland.
  • (3) The power to make regulations under paragraph (1) is exercisable by statutory instrument.
  • (4) A statutory instrument containing regulations under this regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
  • (5) Regulations made under paragraph (1) may—
  • (a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);
  • (b) make different provision for different purposes.
  • (6) The Secretary of State may not make regulations under paragraph (1) without the consent of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

False statements

Misuse of permits or licences

Compliance with permits and licences

Obstruction and deception

Attempts to commit offences etc.

Offences by bodies corporate

Offences by Scottish partnerships

Offences by partnerships and unincorporated associations

Application of offences in the offshore marine area

Proceedings for offences: venue and time limits

PART2A — Controls on invasive alien species in the offshore marine area

13A

  • (1) Subject to paragraph (2), this Order applies (in so far as it is capable of so applying) to any person—
  • (a) in any part of the waters comprised in the offshore marine area;
  • (b) on a ship in any part of the waters comprised in the offshore marine area;
  • (c) on or under an offshore marine installation.
  • (2) For the purposes of this article, the Order shall apply—
  • (a) as if references to the “Principal Regulation” were to the assimilated Regulation, and references to provisions of the Principal Regulation were construed accordingly;
  • (b) as if—
  • (i) references to “invasive alien species” were to any species of animal, plant, fungus or micro-organism included from time to time on the list of species of special concern;
  • (ii) references to “the Union list” were to the list of species of special concern;
  • (iii) in Article 7(1)(a) (bringing into the territory of Great Britain) and (d) (transportation) of the assimilated Regulation, references to “Great Britain” included the offshore marine area, and the references to those offences in Table 1 of Schedule 1 were construed accordingly;
  • (iv) the reference in article 3(8)(a) to article 3A (emergency measures) were a reference to Article 10 of the assimilated Regulation (emergency measures).
  • (3) The offences applied by virtue of this Part do not apply to any person on a third country ship.
  • (4) In this article—
  • “list of species of special concern” has the same meaning as in the assimilated Regulation;
  • “offshore marine installation” means any artificial island, installation or structure (other than a ship) which is situated—in any part of the waters designated under section 1(7) of the Continental Shelf Act 1962 (exploration and exploitation of the continental shelf); orin any part of the waters in any area designated under section 84(4) of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production);
  • “ship” means any vessel (including hovercraft, submersible craft and other floating craft) other than one which permanently rests on, or is permanently attached to, the seabed;
  • “third county ship” means a ship which—is flying the flag, or registered in, any State or territory other than the United Kingdom; andis not registered in the United Kingdom.

Meaning of relevant permit and relevant licence

33A

In this Part—

  • “relevant licence” means a licence granted in accordance with—article 36 (licences for activities relating to invasive alien species) of this Order;any provision corresponding to article 36 which applies in relation to Scotland;any provision corresponding to article 36 which applies in relation to Northern Ireland;
  • “relevant permit” means a permit under—article 35 (permits for activities relation to invasive species) of this Order;any provision corresponding to article 35 which applies in relation to Scotland;any provision corresponding to article 35 which applies in relation to Northern Ireland.

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