The Control of Trade in Endangered Species Regulations 2018

PART 3 Stop notices

Stop notices

11.—(1) This paragraph applies where the management authority is satisfied on the balance of probabilities that a person is—

(a) carrying on an activity, and

(b) the management authority reasonably believes that the activity as carried on by that person involves or is likely to involve a contravention of a relevant regulation.

(2) The management authority may by notice (“a stop notice”) prohibit that person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice.

(3) The steps referred to in sub-paragraph (2) must be steps to eliminate the risk of the contravention being committed or occurring.

Contents of a stop notice

12.  A stop notice must include information as to—

(a) the grounds for serving the notice;

(b) the activity which is prohibited;

(c) the steps which the person must take to comply with the notice and the period within which they must be completed;

(d) the rights of appeal;

(e) the consequences of failing to comply with the notice.

Appeals

13.—(1) A person on whom a stop notice is served may appeal against it.

(2) The grounds of appeal are—

(a) that the decision to serve the stop notice was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the decision was unreasonable;

(d) that any step specified in the notice is unreasonable;

(e) that the person has not contravened a relevant regulation or would not have contravened it had the stop notice not been served;

(f) that the decision was wrong for any other reason.

Completion certificates

14.—(1) The management authority must issue a certificate (“a completion certificate”) if, after service of a stop notice, it is satisfied on the balance of probabilities that the person on whom it was served has taken the steps specified in the notice.

(2) A stop notice ceases to have effect on the issue of a completion certificate.

(3) The management authority may require the person on whom the stop notice was served to provide sufficient information to determine that the steps specified in the notice have been taken.

(4) A person on whom a stop notice is served may at any time apply for a completion certificate.

(5) The management authority must decide whether to issue a completion certificate and give written notice of the decision to the applicant (including information as to the rights of appeal) within 14 days of the application.

(6) The applicant may appeal against a decision not to issue a completion certificate on the grounds that the decision—

(a) was based on an error of fact;

(b) was wrong in law;

(c) was unreasonable;

(d) was wrong for any other reason.

Compensation

15.—(1) The management authority must compensate a person for loss suffered as the result of the service of a stop notice or the decision not to issue a completion certificate if a person has suffered loss as a result of the notice or decision and—

(a) the stop notice is subsequently withdrawn or amended by the management authority because the decision to serve it was made on the basis of any of the grounds mentioned in paragraph 13(2)(a) to (f);

(b) a person successfully appeals against the stop notice and the First-tier Tribunal allows the appeal on any of the grounds mentioned in paragraph 13(2)(a) to (f);

(c) a person successfully appeals against the decision not to issue a completion certificate and the First-tier Tribunal allows the appeal on any of the grounds mentioned in paragraph 14(5)(a) to (d).

(2) The management authority must give written notice of a decision on whether or not to award compensation, which must include information as to—

(a) the amount of any compensation to be awarded;

(b) the rights of appeal.

(3) A person may appeal against a decision not to award compensation or the amount of compensation awarded on the grounds that—

(a) the management authority’s decision was unreasonable;

(b) the amount of compensation awarded was based on incorrect facts;

(c) the decision was wrong for any other reason.

Offence

16.  If a person on whom a stop notice is served does not comply with it within the time limit specified in the notice, the person is guilty of an offence and liable on summary conviction to a fine (not exceeding the statutory maximum in Scotland or Northern Ireland, as the case may be).