The Invasive Alien Species (Enforcement and Permitting) Order 2019

[F1 13A.— (1) Subject to paragraph (2), this Order applies (in so far as it is capable of so applying) to any person— N.I.

(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 [F2 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 [F3 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 [F4 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 [F5 assimilated] Regulation;

“offshore marine installation” means any artificial island, installation or structure (other than a ship) which is situated—

(a)

in any part of the waters designated under section 1(7) of the Continental Shelf Act 1962 (exploration and exploitation of the continental shelf); or

(b)

in 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—

(a)

is flying the flag, or registered in, any State or territory other than the United Kingdom; and

(b)

is not registered in the United Kingdom.]

Textual Amendments

F1 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)

F2 Word in art. 13A(2)(a) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 43(b)(i)

F3 Word in art. 13A(2)(b)(iii) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 43(b)(i)

F4 Word in art. 13A(2)(b)(iv) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 43(b)(i)

F5 Word in art. 13A(4) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 43(b)(ii)