The Conservation of Habitats and Species Regulations 2017

Interpretation of Part 3

Interpretation of Part 3

49.  In this Part—

“the 1997 Regulations” means the Control of Trade in Endangered Species (Enforcement) Regulations 1997(1);

“the forfeiture provisions” means—

(a)

section 21(6) of the WCA 1981 (penalties, forfeitures etc.)(2);

(b)

regulation 11 of the 1997 Regulations (forfeiture); or

(c)

regulation 128 of these Regulations;

“the implementation date” means—

(a)

where the relevant State became a member State before 10th June 1994, 10th June 1994, and

(b)

in any other case, the date on which the relevant State became a member State;

“relevant State” means (as the case may be) the State in whose territory—

(a)

the animal, or part of it, was taken from the wild; or

(b)

the plant, or part of it, was taken in the wild;

“the sampling provisions” means—

(a)

the following provisions of the WCA 1981—

(i)

section 18C (Group 1 offences and licences: examining specimens and taking samples)(3)

(ii)

section 18E (Group 2 offences: examining specimens and taking samples)(4); or

(iii)

section 19XA (constables’ powers in connection with samples)(5);

(b)

regulation 9(3) and (5) of the 1997 Regulations (powers of entry);

(c)

regulation 119 and 120 of these Regulations; or

(d)

regulation 63(2) of the Offshore Marine Conservation Regulations (powers relating to specimens);

“the TFEU” means the Treaty on the Functioning of the European Union.

(1)

S.I. 1997/1372, amended by S.I. 2005/1674, 2007/2952, 2009/1773, and 2011/1043.

(2)

Section 21(6) was amended by the Natural Environment and Rural Communities Act 2006 (c. 16) (“the 2006 Act”), Schedule 11, paragraph 73(1).

(3)

Section 18C was inserted by the 2006 Act, Schedule 5, paragraph 1.

(4)

Section 18E was inserted by the 2006 Act, Schedule 5, paragraph 1.

(5)

Section 19XA was inserted by the 2006 Act, Schedule 5, paragraph 3, and amended by the Criminal Justice and Immigration Act 2008 (c. 4), Schedule 26, paragraph 7.