[F114ZBCodes of practice in connection with invasive non-native species

(1)The Secretary of State may issue or approve a code of practice relating to—

(a)animals which are not ordinarily resident in and are not regular visitors to Great Britain in a wild state,

(b)animals or plants included in Schedule 9, or

(c)any description of animals or plants mentioned in paragraph (a) or (b).

(2)The Secretary of State may revise or replace a code or approve its revision or replacement.

(3)The Secretary of State must ensure that a code is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it.

(4)A person's failure to comply with a provision of a code does not make him liable to criminal or civil proceedings.

(5)A code—

(a)is admissible in evidence in any proceedings, and

(b)must be taken into account by a court in any case in which it appears to the court to be relevant.]

[F114AProhibition on sale etc. of certain animals or plants

(1)This section applies to—

(a)any animal of a type mentioned in subsection (1) or (1A) of section 14 specified in an order made by the Scottish Ministers for the purposes of this section; and

(b)any plant—

(i)which does not ordinarily grow in Great Britain in a wild state or which is a hybrid of such a plant; or

(ii)of a type mentioned in subsection (2) of section 14,

specified in such an order.

(2)Subject to the provisions of this Part, any person who—

(a)sells, offers or exposes for sale or has in the person’s possession or transports for the purpose of sale any animal or plant to which this section applies; or

(b)publishes or causes to be published any advertisement likely to be understood as conveying that the person buys or sells, or intends to buy or sell, any such animal or plant,

is guilty of an offence.

(3)An order under subsection (1) may specify particular types of animals or plants—

(a)subject to such exceptions;

(b)only at such times of the year;

(c)only in relation to such areas,

as the order may specify.

14BGuidance: non-native species

(1)The Scottish Ministers may issue guidance (or approve guidance issued by others) for the purpose of providing persons with recommendations, advice and information regarding—

(a)any animal of a type mentioned in subsection (1) or (1A) of section 14,

(b)any plant of a type mentioned in subsection (2) of that section or specified in an order under section 14A(1)(b)(i),

and may issue revisions of any guidance issued by them (or approve revisions of guidance issued by others).

(2)A person who fails to comply with any guidance issued or approved under subsection (1) is not by reason only of that failure liable in any criminal or civil proceedings.

(3)But any such guidance is admissible in evidence in such proceedings and a court may take account of any failure to comply with it in determining any questions in the proceedings.]

15 Endangered species (import and export)

X1(1)The M1Endangered Species (Import and Export) Act 1976 shall have effect subject to the amendments provided for in Schedule 10 ; and in that Schedule “the 1976 Act” means that Act.

(2)The functions of the [F1GB conservation bodies] shall include power to advise or assist—

(a)any constable;

(b)any officer commissioned or other person appointed or authorised by the Commissioners of Customs and Excise to exercise any function conferred on the Commissioners by the said Act of 1976; or

(c)any person duly authorised by the Secretary of State under section 7(3) of that Act,

in, or in connection with, the enforcement of that Act or any order made under it.

[F115APossession of pesticides

(1)Any person who is in possession of any pesticide containing one or more prescribed active ingredient shall be guilty of an offence.

(2)A person shall not be guilty of an offence under subsection (1) if the person shows that the possession of the pesticide was for the purposes of doing anything in accordance with—

(a)any regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48), or

(b)the Biocidal Products Regulations 2001 (S.I. 2001/880) or any regulations replacing those regulations.

(3)In this section—

• “pesticide” has the meaning given in the Food and Environment Protection Act 1985 (c. 48), and

• “prescribed active ingredient” means an ingredient of a pesticide which fits it for use as such and which is of a type prescribed by order made by the Scottish Ministers.]

Supplemental

16 Power to grant licences

(1)Sections 1, 5, 6(3), 7 and 8 and orders under section 3 do not apply to anything done—

[F1(a)for scientific, research or educational purposes;]

(b)for the purpose of ringing or marking, or examining any ring or mark on, wild birds;

(c)for the purpose of conserving wild birds;

[F2(ca)for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;

(cb)for the purpose of conserving flora or fauna;]

(d)for the purpose of protecting any collection of wild birds;

(e)for the purposes of falconry or aviculture;

(f)for the purposes of any public exhibition or competition;

(g)for the purposes of taxidermy;

(h)for the purpose of photography;

(i)for the purposes of preserving public health or public or air safety;

(j)for the purpose of preventing the spread of disease; or

(k)for the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber [F3, fisheries or inland waters],

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

[F4(1A)The appropriate authority—

(a)shall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; and

(b)shall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds.]

(2)Section 1 and orders under section 3 do not apply to anything done for the purpose of providing food for human consumption in relation to—

(a)a gannet on the island of Sula Sgeir; or

(b)a gull’s egg or, at any time before 15th April in any year, a lapwing’s egg,

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

(3)Sections 9(1), (2) [F5, (4) and (4A)], 11(1) and (2) and 13(1) do not apply to anything done—

(a)for scientific or educational purposes;

(b)for the purpose of ringing or marking, or examining any ring or mark on,wild animals;

(c)for the purpose of conserving wild animals or wild plants or introducing them to particular areas;

(d)for the purpose of protecting any zoological or botanical collection;

(e)for the purpose of photography;

(f)for the purpose of preserving public health or public safety;

(g)for the purpose of preventing the spread of disease; or

(h)for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries,

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

(4)The following provisions, namely—

(a)section 6(1) and (2);

(b)sections 9(5) and 13(2); and

(c)[F6sections 14 and 14ZA],

do not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority.

(5)Subject to [F7subsections (5A) and (6)], a licence under the foregoing provisions of this section—

(a)may be, to any degree, general or specific;

(b)may be granted either to persons of a class or to a particular person;

(c)may be subject to compliance with any specified conditions;

(d)may be modified or revoked at any time by the appropriate authority; and

(e)subject to paragraph (d), shall be valid for the period stated in the licence;

and the appropriate authority may charge therefor such reasonable sum (if any) as they may determine.

[F8(5A)A licence under subsection (1) which authorises any action in respect of wild birds—

(a)shall specify the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, the action may be taken;

(b)shall specify the methods, means or arrangements which are authorised or required for the taking of the action; and

(c)subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.]

(6)A licence under subsection [F9(2) or (3)] which authorises any person to kill wild birds or wild animals—

(a)shall specify the area within which, and the methods by which the wild birds or wild animals may be killed; and

(b)subject to subsection (5)(d), shall be valid for the period, not exceeding two years, stated in the licence.

(7)It shall be a defence in proceedings for an offence under section 8(b) of the M1Protection of Animals Act 1911 or section 7(b) of the M2Protection of Animals (Scotland) Act 1912 (which restrict the placing on land of poison and poisonous substances) to show that—

(a)the act alleged to constitute the offence was done under and in accordance with the terms of a licence issued under subsection (1) or (3); and

(b)any conditions specified in the licence were complied with.

(8)For the purposes of a licence granted under the foregoing provisions of this section, the definition of a class of persons may be framed by reference to any circumstances whatever including, in particular, their being authorised by any other person.

(9)In this section “the appropriate authority” means—

(a)in the case of a licence under [F10any of paragraphs (a) to (cb)] of subsection (1), either the Secretary of State after consultation with whichever one of the advisory bodies he considers is best able to advise him as to whether the licence should be granted, or the [F11relevant][F12conservation body] ;

(b)in the case of a licence under any of paragraphs (d) to (g) of subsection (1), subsection (2) or paragraph (a) or (b) of subsection (4), the Secretary of State after such consultation as aforesaid;

(c)in the case of a licence under paragraph (h) of subsection (1) or any of paragraphs (a) to (e) of subsection (3), the [F11relevant]F12conservation body ;

(d)in the case of a licence under paragraph (i), (j) or (k) of subsection (1) or paragraph (f), (g) or (h) of subsection (3) or a licence under paragraph (c) of subsection (4) which authorises anything to be done in relation to fish or shellfish, the agriculture Minister; and

(e)in the case of any other licence under paragraph (c) of subsection (4), the Secretary of State.

[F13(9A)In this section “re-population” and “re-introduction”, in relation to wild birds, have the same meaning as in [F14the Wild Birds Directive] .]

(10)The agriculture Minister—

(a)shall from time to time consult with [F15each of the [F16GB conservation bodies]] as to the exercise [F17in the area of that [F18body]] of his functions under this section; and

(b)shall not grant a licence of any description unless he has been advised by the F19relevant [F12conservation body] as to the circumstances in which, in their opinion, licences of that description should be granted.

F20(11)For the purposes of this section a reference to a relevant Nature Conservancy Council is a reference to the [F12conservation body for the area in which it is proposed to carry on the activity requiring a licence.]

16 Power to grant licences

(1)Sections 1, 5, 6(3), 7 and 8 and orders under section 3 do not apply to anything done—

[F1(a)for scientific, research or educational purposes;]

(b)for the purpose of ringing or marking, or examining any ring or mark on, wild birds;

(c)for the purpose of conserving wild birds;

[F2(ca)for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds, including any breeding necessary for those purposes;

(cb)for the purpose of conserving flora or fauna;]

(d)for the purpose of protecting any collection of wild birds;

(e)for the purposes of falconry or aviculture;

(f)for the purposes of any public exhibition or competition;

(g)for the purposes of taxidermy;

(h)for the purpose of photography;

(i)for the purposes of preserving public health or public or air safety;

(j)for the purpose of preventing the spread of disease; or

(k)for the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber [F3, fisheries or inland waters],

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

[F4(1A)The appropriate authority—

(a)shall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution; and

(b)shall not grant a licence for any purpose mentioned in paragraphs (e) to (h) of that subsection otherwise than on a selective basis and in respect of a small number of birds.]

(2)Section 1 and orders under section 3 do not apply to anything done for the purpose of providing food for human consumption in relation to—

(a)a gannet on the island of Sula Sgeir; or

(b)a gull’s egg F5. . . ,

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.

(3)Sections 9(1), (2) [F6, (4) and (4A)] , 11(1) [F7, (2) and (3C)(a)] and 13(1) do not apply to anything done—

(a)for scientific [F8, research] or educational purposes;

(b)for the purpose of ringing or marking, or examining any ring or mark on,wild animals;

(c)for the purpose of conserving [F9wild birds,] wild animals or wild plants or introducing them to particular areas;

[F10(ca)for the purpose of conserving any area of natural habitat;]

(d)for the purpose of protecting any zoological or botanical collection;

(e)for the purpose of photography;

(f)for the purpose of preserving public health or public safety;

(g)for the purpose of preventing the spread of disease; or

(h)for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries,

if it is done under and in accordance with the terms of a licence granted by the appropriate authority.