SCHEDULES

[F1SCHEDULE 9AE+WSpecies control agreements and orders (England and Wales)

Textual Amendments

PART 5E+WSupplementary

CompensationE+W

25(1)The Secretary of State and the Welsh Ministers may (separately or jointly) make arrangements for the payment of compensation to an owner of premises in respect of financial loss resulting from—E+W

(a)a species control agreement or order, or

(b)the exercise of the powers of entry under this Schedule.

(2)The arrangements may secure that compensation is payable only for financial loss above a specified amount.

Codes of practiceE+W

26(1)The Secretary of State must issue a code of practice in relation to species control agreements and orders in England.E+W

(2)A code under this paragraph must in particular provide guidance to environmental authorities in England on—

(a)when to offer to enter into a species control agreement;

(b)how to go about entering into a species control agreement;

(c)what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);

(d)when to make a species control order;

(e)what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);

(f)standards of animal welfare to be met in connection with species control agreements and orders.

(3)A code under this paragraph may be revised or replaced.

(4)Before issuing (or revising or replacing) a code under this paragraph the Secretary of State must carry out a public consultation.

(5)The Secretary of State must—

(a)ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and

(b)lay a copy of a code under this paragraph before Parliament.

27(1)The Welsh Ministers must issue a code of practice in relation to species control agreements and orders in Wales.E+W

(2)A code under this paragraph must in particular provide guidance to environmental authorities in Wales on—

(a)when to offer to enter into a species control agreement;

(b)how to go about entering into a species control agreement;

(c)what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs);

(d)when to make a species control order;

(e)what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs);

(f)standards of animal welfare to be met in connection with species control agreements and orders.

(3)A code under this paragraph may be revised or replaced.

(4)Before issuing (or revising or replacing) a code under this paragraph the Welsh Ministers must carry out a public consultation.

(5)The Welsh Ministers must—

(a)ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and

(b)lay a copy of a code under this paragraph before the National Assembly for Wales.

28(1)A person's failure to comply with a provision of a code under paragraph 26 or 27 does not make the person liable to civil or criminal proceedings.E+W

(2)A code under paragraph 26 or 27—

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

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