Search Legislation

Wildlife and Natural Environment (Scotland) Act 2011

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Wildlife and Natural Environment (Scotland) Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Commencement Orders yet to be applied to the Wildlife and Natural Environment (Scotland) Act 2011

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Prospective

14Non-native species etc.S

This section has no associated Explanatory Notes

(1)The 1981 Act is amended as follows.

(2)In section 14 (introduction of new species etc.)—

(a)for subsections (1) to (2) substitute—

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

(a)releases, or allows to escape from captivity, any animal—

(i)to a place outwith its native range; or

(ii)of a type the Scottish Ministers, by order, specify; or

(b)otherwise causes any animal outwith the control of any person to be at a place outwith its native range,

is guilty of an offence.

(2)Subject to the provisions of this Part, any person who plants, or otherwise causes to grow, any plant in the wild at a place outwith its native range is guilty of an offence.

(2A)Subsection (1) does not apply to the following animals where those animals are released or allowed to escape from captivity for the purpose of being subsequently killed by shooting—

(a)common pheasant;

(b)red-legged partridge.

(2B)The Scottish Ministers may, by order, specify—

(a)other types of animals to which subsection (1)(a)(i) or (1)(b) does not apply; and

(b)types of plants to which subsection (2) does not apply.

(2C)The Scottish Ministers may, by order, disapply subsection (1) or (2) in relation to—

(a)any person specified in the order;

(b)any conduct undertaken for the purposes of any enactment (including any enactment contained in or made under an Act of the Scottish Parliament) so specified; or

(c)any conduct authorised by, under or in pursuance of any such enactment.

(2D)An order under subsection (1)(a)(ii), (2B) or (2C) may make different provision for different cases and, in particular, for—

(a)different types of animal or plant;

(b)different circumstances or purposes;

(c)different persons;

(d)different times of the year; and

(e)different areas or places.,

(b)in subsection (3), for “prove” substitute “ show ”,

(c)subsections (5) and (6) are repealed.

(3)After section 14ZB (codes of practice in connection with invasive non-native species: England and Wales) insert—

14ZCProhibition on keeping etc. of invasive animals or plants

(1)Subject to the provisions of this Part, any person who keeps, has in the person's possession, or has under the person's control—

(a)any invasive animal of a type which the Scottish Ministers, by order, specify; or

(b)any invasive plant of a type so specified,

is guilty of an offence.

(2)An order under subsection (1) may make different provision for different cases and, in particular, for—

(a)different types of invasive animal or invasive plant;

(b)different circumstances or purposes;

(c)different persons;

(d)different times of the year; and

(e)different areas or places.

(3)Subject to subsection (4), it is a defence to a charge of committing an offence under subsection (1) to show that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.

(4)Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or omission of another person, the person charged must not, without leave of the court, be entitled to rely on the defence unless, within a period ending 7 days before the hearing, the person has served on the prosecutor a notice giving such information or assisting in the identification of the other person as was then in the person's possession.

(5)The Scottish Ministers may, in an order under subsection (1), make provision for or in connection with the compensation of persons who, at the time of the coming into force of the order, may no longer keep, have in their possession or have under their control, an animal or plant..

(4)In section 14A (prohibition on sale etc. of certain animals or plants)—

(a)in the title, for “certain” substitute “ invasive ”,

(b)for subsection (1) substitute—

(1)This section applies to—

(a)any type of invasive animal; or

(b)any type of invasive plant,

the Scottish Ministers, by order, specify.,

(c)for subsection (3) substitute—

(3)An order under subsection (1) may make different provision for different cases and, in particular, for—

(a)different types of invasive animal or invasive plant;

(b)different circumstances or purposes;

(c)different persons;

(d)different times of the year; and

(e)different areas or places..

(5)For section 14B (guidance: non-native species) substitute—

14BNotification of presence of invasive animals or plants etc.

(1)The Scottish Ministers may, by order, make provision about the notification of the presence of—

(a)invasive animals; or

(b)invasive plants,

at any specified place outwith their native range where persons are, or become, aware of the presence of such animals or plants.

(2)An order under subsection (1) may make provision for, or in connection with—

(a)the persons (or types of persons) who must make a notification;

(b)the circumstances in which a notification must be made;

(c)the times of the year when a notification must be made;

(d)the persons to whom a notification must be made;

(e)the form and method of any notification; and

(f)the period within which any notification must be made.

(3)An order under subsection (1) may require a person (or type of person) to make a notification only if the Scottish Ministers consider that the person (or that type of person) has or should have knowledge of, or is likely to encounter, the invasive animal or invasive plant to which the order relates.

(4)An order under subsection (1) may make different provision for different cases and, in particular, for—

(a)different types of invasive animal or invasive plant;

(b)different circumstances or purposes;

(c)different persons;

(d)different times of the year; and

(e)different areas or places.

(5)A person who, without reasonable excuse, fails to make a notification in accordance with the requirements of an order made under subsection (1) is guilty of an offence..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources