Search Legislation

The Invasive Alien Species (Enforcement and Permitting) Order 2019

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Article 41

SCHEDULE 4Amendments

This schedule has no associated Explanatory Memorandum

PART 1Amendments to primary legislation

Wildlife and Countryside Act 1981

1.—(1) The Wildlife and Countryside Act 1981(1) is amended as follows.

(2) In section 14 (introduction of new species etc.), after subsection (4) insert—

(4ZA) Subsection (1)(a) does not apply to species included on the list of invasive alien species of Union concern adopted by the European Commission in accordance with Articles 4(1) and 10(4) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species, as amended from time to time..

(3) In Schedule 9 (animals and plants to which section 14 applies)—

(a)in Part 1 (animals which are established in the wild) omit the following entries—

Common NameScientific Name
Crab, Chinese MittenEriocheir sinensis
Crayfish, Red SwampProcambarus clarkii
Crayfish, SignalPacifastacus leniusculus
Crayfish, Spiny-cheekOrconectes limosus
Deer, MuntjacMuntiacus reevesi
Duck, RuddyOxyura jamaicensis
Goose, EgyptianAlopochen aegyptiacus
Squirrel, GreySciurus carolinensis;

(b)in Part 2 (plants)—

(i)omit the following entries—

Common NameScientific Name
Balsam, HimalayanImpatiens glandulifera
Fanwort (otherwise known as Carolina Water-Shield)Cabomba caroliniana
Hogweed, GiantHeracleum mantegazzianum
Hyacinth, WaterEichhornia crassipes
Parrot’s featherMyriophyllum aquaticum
Pennywort, FloatingHydrocotyle ranunculoides
Primrose, Floating WaterLudwigia peploides
Primrose, WaterLudwigia grandiflora
Rhubarb, GiantGunnera tinctoria
Waterweed, CurlyLagarosiphon major;

(ii)for the entry in respect of “Waterweeds” substitute—

Waterweeds (except Nuttall’s Waterweed)All species of the genus Elodea, except Elodea nuttallii.

(4) In Schedule 9A (species control agreements and orders)—

(a)in sub-paragraph (2) of paragraph 1 (overview), for paragraphs (a) and (b) substitute—

(a)a species of animal or plant included on the Union list,

(b)an invasive non-native species of animal or plant not falling within sub-paragraph (a), or

(c)a species of animal that is no longer normally present in Great Britain.;

(b)in paragraph 2 (definitions relating to species), after sub-paragraph (5), insert—

(6) The “Union list” means the list of invasive alien species of Union concern adopted by the European Commission in accordance with Articles 4(1) and 10(4) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species, as amended from time to time..

PART 2Amendments to secondary legislation

The Prohibition of Keeping of Live Fish (Crayfish) Order 1996

2.—(1) The Prohibition of Keeping of Live Fish (Crayfish) Order 1996(2) is amended as follows.

(2) For article 1(2), substitute—

(2) In this Order “crayfish” means a freshwater decapod crustacean of the Families Astacidae, Cambaridae or Parastacidae, other than the species—

(a)Austropotamobius pallipes (commonly known as the Atlantic stream, or white-clawed, crayfish);

(b)Orconectes limosus (commonly known as the spiny-cheek crayfish);

(c)Orconectes virilis (commonly known as the virile crayfish);

(d)Pacifastacus leniusculus (commonly known as the signal crayfish);

(e)Procambarus clarkii (commonly known as the red swamp crayfish); and

(f)Procambarus fallax f. virginalis (commonly known as the marbled crayfish)..

(3) In article 2—

(a)in paragraph (1), omit the words “(2) and”;

(b)omit paragraph (2).

(4) Omit the Schedule.

The Wildlife and Countryside Act 1981 (Prohibition on Sale etc. of Invasive Non-native Plants (England) Order 2014

3.  In the table in article 3 of the Wildlife and Countryside Act 1981 (Prohibition on Sale etc. of Invasive Non-native Plants) (England) Order 2014(3) omit the following entries—

Common NameScientific Name
Parrot’s FeatherMyriophyllum aquaticum
Pennywort, FloatingHydrocotyle ranunculoides
Primrose, Floating WaterLudwigia peploides
Primrose, WaterLudwigia grandiflora.
(1)

1981 c.69. Section 14 of the Act was amended by section 102 of, and Part 4 of Schedule 16 to, the Countryside and Rights of Way Act 2000 (c. 16) and sections 23 and 25 of the Infrastructure Act 2015 (c. 7). Section 14ZA was inserted by section 50 of the Natural Environment and Rural Communities Act 2006 (c. 16) and amended by section 25(3) of the Infrastructure Act 2015 (c. 7). Schedule 9 was amended by sections 24 and 25 of the Infrastructure Act 2015 (c. 7); S.I. 1992/320, 1992/2674, 1997/226, 1999/1002, 2010/609 and (in relation to Wales) 2015/1180. Schedule 9A was inserted by section 23(3) of the Infrastructure Act 2015 (c. 7). There are other amendments which are not relevant.

(2)

S.I. 1996/1104, amended by section 73(2) of the Countryside and Rights of Way Act 2000 (c. 37); S.I. 1996/1374 and 2011/2292.

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

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