Search Legislation

The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010

What Version

 Help about what version

Advanced Features

 Help about advanced features

Opening Options

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

E+W

Statutory Instruments

2010 No. 609

Wildlife, England And Wales

The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010

Made

3rd March 2010

Laid before Parliament

9th March 2010

Laid before the National Assembly for Wales

9th March 2010

Coming into force

6th April 2010

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make the following Order in exercise of the powers conferred on them by section 22(5) of the Wildlife and Countryside Act 1981(1).

In accordance with the requirements of section 26(4)(2) of that Act, the Secretary of State and the Welsh Ministers—

(a)

have given any local authority affected and any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order; and

(b)

have consulted with the Joint Nature Conservation Committee, being the advisory body they considered was best able to advise them as to whether this Order should be made.

Title, commencement and extentE+W

1.  This Order—

(a)may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010:

(b)comes into force on 6th April 2010; and

(c)extends to England and Wales only.

Variation of Schedule 9E+W

2.—(1) Schedule 9 (animals and plants to which section 14 applies)(3) to the Wildlife and Countryside Act 1981 is varied as follows.

(2) Add the following animals to Part 1 (animals which are established in the wild) —

Common nameScientific name
Boar, WildSus scrofa
ChoughPyrrhocorax pyrrhocorax
CorncrakeCrex crex
Crab, Chinese MittenEriocheir sinensis
Crane, CommonGrus grus
Crayfish, Red SwampProcambarus clarkii
Crayfish, Spiny-cheekOrconectes limosus
Deer, Chinese WaterHydropotes inermis
FlatwormKontikia andersoni
FlatwormKontikia ventrolineata
Flatworm, AustralianAustraloplana sanguinea
Goose, Bar-headedAnser indicus
Goose, BarnacleBranta leucopsis
Goose, EmperorAnser canagicus
Goose, SnowAnser caerulescens
GoshawkAccipiter gentilis
Kite, RedMilvus milvus
Limpet, SlipperCrepidula fornicata
Owl, EagleBubo bubo
Oyster Drill, AmericanUrosalpinx cinerea
Parakeet, MonkMyiopsitta monachus
Pochard, Red-crestedNetta rufina
Shelduck, RuddyTadorna ferruginea
Swan, BlackCygnus atratus.

(3) Remove the following animals from Part 1 —

Common nameScientific name
BudgerigarMelopsittacus undulatus
CoypuMyocastor coypus

With respect to the Outer Hebrides and the islands of Arran, Islay, Jura and Rum —

  (a) Deer, Cervus (all species)

  (b) Deer, any hybrid one of whose parents or

    other lineal ancestor was a species of

    Cervus Deer

Cervus

Any hybrid of the genus Cervus

Gerbil, MongolianMeriones unguiculatus
Porcupine, CrestedHystrix cristata
Porcupine, HimalayanHystrix hodgsonii
Quail, BobwhiteColinus virginianus.

(4) Add the following plants to Part 2 (plants) —

Common nameScientific name
Alexanders, PerfoliateSmyrnium perfoliatum
Algae, RedGrateloupia luxurians
Archangel, Variegated YellowLamiastrum galeobdolon subsp. argentatum
Azalea, YellowRhododendron luteum
Balsam, HimalayanImpatiens glandulifera
CotoneasterCotoneaster horizontalis
Cotoneaster, Entire-leavedCotoneaster integrifolius
Cotoneaster, HimalayanCotoneaster simonsii
Cotoneaster, HollyberryCotoneaster bullatus
Cotoneaster, Small-leavedCotoneaster microphyllus
Creeper, False VirginiaParthenocissus inserta
Creeper, VirginiaParthenocissus quinquefolia
Dewplant, PurpleDisphyma crassifolium
Fanwort (otherwise known as Carolina Water-Shield)Cabomba caroliniana
Fern, WaterAzolla filiculoides
Fig, HottentotCarpobrotus edulis
Garlic, Three-corneredAllium triquetrum
Hyacinth, WaterEichhornia crassipes
Knotweed, GiantFallopia sachalinensis
Knotweed, HybridFallopia japonica x Fallopia sachalinensis
Knotweed, JapaneseFallopia japonica
Leek, Few-floweredAllium paradoxum
Lettuce, WaterPistia stratiotes
MontbretiaCrocosmia x crocosmiiflora
Parrot’s FeatherMyriophyllum aquaticum
Pennywort, FloatingHydrocotyle ranunculoides
Potato, DuckSagittaria latifolia
Primrose, Floating WaterLudwigia peploides
Primrose, WaterLudwigia grandiflora
Primrose, WaterLudwigia uruguayensis
RhododendronRhododendron ponticum
RhododendronRhododendron ponticum x Rhododendron maximum
Rhubarb, GiantGunnera tinctoria
Rose, JapaneseRosa rugosa
Salvinia, GiantSalvinia molesta
Seafingers, GreenCodium fragile
Stonecrop, Australian Swamp (otherwise known as New Zealand Pygmyweed)Crassula helmsii
Waterweed, CurlyLagarosiphon major
WaterweedsAll species of the genus Elodea.

(5) Remove the following plants from Part 2 —

Common nameScientific name
Knotweed, JapanesePolygonum cuspidatum
Seafingers, GreenCodium fragile tomentosoides.

Huw Irranca-Davies

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

26th February 2010

Jane Davidson

Minister for Environment, Sustainability and Housing

One of the Welsh Ministers

3rd March 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which extends to England and Wales, varies Schedule 9 to the Wildlife and Countryside Act 1981 (c. 69), which lists animals which may not be released or allowed to escape into the wild and plants which may not be planted or otherwise caused to grow in the wild.

Article 2(2) adds twenty-four new entries to Part 1 (animals which are established in the wild) of Schedule 9, and article 2(3) removes eight existing entries from that Part.

Article 2(4) adds thirty-nine new entries to Part 2 (plants) of Schedule 9. Amongst these, the new entry for Japanese Knotweed under the scientific name “Fallopia japonica” replaces the former entry for it which used the scientific name “Polygonum cuspidatum” (and which is now removed by article 2(5)); and the new entry for Green Seafingers under the scientific name “Codium fragile” replaces that (again removed by article 2(5)) for only its sub-species “Codium fragile tomentosoides”.

A full impact assessment of the effect this instrument will have on the costs of business and the voluntary sector is available at www.defra.gov.uk and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

(1)

1981 c. 69. The functions of the Secretary of State under section 22, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and were subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(2)

The functions of the Secretary of State under section 26(4) , so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and were subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006. For the definition of “advisory body” see section 23 of the Wildlife and Countryside Act 1981.

(3)

As previously varied by S.I. 1992/320, 2674, 1997/226, 1999/1002.

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 Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

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 made 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