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The Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Amendment Order 2019

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EXPLANATORY NOTE

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This Order amends the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012 (“the 2012 Order”), which (amongst other things) specifies types of invasive animal for the purposes of section 14ZC(1)(a) of the Wildlife and Countryside Act 1981 (“the 1981 Act”). The types of animal so specified are listed in Part 2 of schedule 1 to the 2012 Order. In accordance with section 14ZC(1)(a), it is an offence for any person to keep, have in their possession or have under their control any such animal.

This Order makes provision in relation to the implementation of Article 7(1)(b) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p.35).

It adds types of invasive animal to Part 2 of schedule 1 of the 2012 Order (article 2(2)), thereby making it an offence for a person to keep, have in their possession or have under their control any such animal.

It also inserts article 3A into the 2012 Order, which specifies types of invasive plant for the purposes of section 14ZC(1)(b) of the 1981 Act, and inserts Part 2A into schedule 1 which lists the types of plant so specified. As a result, it is an offence for any person to keep, have in their possession or have under their control any such plant.

A person guilty of an offence under section 14ZC(1)(a) or (b) of the 1981 Act is liable, on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding £40,000 or to both; and on conviction on indictment, to imprisonment for a term not exceeding 2 years or an unlimited fine, or to both.

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Government and online at www.legislation.gov.uk.

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