The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019

Statutory Instruments

2019 No. 1354

Wildlife

The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019

Made

at 9.59 a.m. on 16th October 2019

Laid before Parliament

at 4.00 p.m. on 16th October 2019

Coming into force in accordance with regulation 1(1)

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 .

The Secretary of State is designated for the purposes of that section in relation to—

(a)

the environment M2 , and

(b)

wild animals M3 .

Marginal Citations

M1 1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), the Schedule, Part 1. It is prospectively repealed by the European Union (Withdrawal) Act 2018 (c. 16), section 1 from exit day (see section 20 of that Act). Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales.

M2 S.I. 2008/301, which is prospectively revoked by S.I. 2018/1011 from exit day (see section 20 of the European Union (Withdrawal) Act 2018).

M3 S.I. 2014/1890, which is prospectively revoked by S.I. 2018/1011 from exit day (see section 20 of the European Union (Withdrawal) Act 2018).

PART 1 U.K. Introductory

Citation, commencement and extent U.K.

1.—(1) These Regulations may be cited as the Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019 and come into force 21 days after the day on which they are laid.

(2) [F1 Regulation 2 extends] to Scotland only.

(3) Regulation 6 extends to England and Wales only.

Textual Amendments

F1 Words in reg. 1(2) substituted (31.12.2020 immediately before IP completion day) by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 4(2)

Commencement Information

I1 Reg. 1 in force at 6.11.2019, see reg. 1(1)

PART 2 U.K. Amendment of primary legislation

The Wildlife and Countryside Act 1981 S

2.  In section 7(3)(c) M4 of the Wildlife and Countryside Act 1981 M5 —

(a) for “Control of Trade in Endangered Species (Enforcement) Regulations 1997 M6 (S.I. 1997/1372)” substitute “ Control of Trade in Endangered Species Regulations 2018 M7 (S.I. 2018/703) ”;

(b) for “under Regulation 9 of those Regulations” substitute “ under paragraph 2 of Schedule 1 to those Regulations which consists of the conduct specified in the table in that paragraph as the subject-matter of Regulation 8(6) of those Regulations ”.

Commencement Information

I2 Reg. 2 in force at 6.11.2019, see reg. 1(1)

Marginal Citations

M4 Section 7(3)(c) was inserted by paragraph 7(b) of Schedule 6 to the Nature Conservation (Scotland) Act 2004 (asp 6).

M5 1981 c. 69.

M6 S.I. 1997/1372, which was revoked by S.I. 2018/703.

M7 S.I. 2018/703, to which there are amendments not relevant to these Regulations.

The Serious Crime Act 2007 U.K.

3.  In Schedule 1 to the Serious Crime Act 2007 M8 , for each of paragraphs 13(4), 16M(4) and 29(4) substitute—

“(4) An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703).

(5) An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein M9 .”.

Commencement Information

I3 Reg. 3 in force at 6.11.2019, see reg. 1(1)

Marginal Citations

M8 2007 c. 27. Part 1A was inserted by paragraph 31 of Schedule 1 to the Serious Crime Act 2015 (c. 9).

M9 OJ No L 61, 3.3.1997, p 1, as last amended by Commission Regulation (EU) 2017/160 (OJ No L 27, 1.2.2017, p 1).

PART 3 U.K. Amendment of secondary legislation

The Conservation (Natural Habitats, &c.) Regulations 1994 S

F2 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 4 omitted (31.12.2020 immediately before IP completion day) by virtue of The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 4(3)

The Legislative and Regulatory Reform (Regulatory Functions) Order 2007 U.K.

5.  In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 M10 , in Part 2—

(a) omit the entry for “Control of Trade in Endangered Species (Enforcement) Regulations 1997”;

(b) after the entry for “Commission Regulation (EC) No 865/2006 M11 ” insert—

“Control of Trade in Endangered Species Regulations 2018”.

Commencement Information

I4 Reg. 5 in force at 6.11.2019, see reg. 1(1)

Marginal Citations

M10 S.I. 2007/3544, to which there are amendments not relevant to these Regulations.

M11 OJ No L 166, 19.6.2006, p. 1, as last amended by Commission Regulation (EU) 2019/220 (OJ No L 35, 7.2.2019, p. 3).

The Conservation of Habitats and Species Regulations 2017 E+W

6.—(1) The Conservation of Habitats and Species Regulations 2017 M12 are amended as follows.

(2) In regulations 44(11)(c) and 48(6)(c), for “1997” substitute “ 2018 ”.

(3) In regulation 49—

(a) for the definition of “the 1997 Regulations” substitute—

““the 2018 Regulations” means the Control of Trade in Endangered Species Regulations 2018;”;

(b) in the definition of “the forfeiture provisions”, for sub-paragraph (b) substitute—

“(b) regulation 10(a) and (b) of the 2018 Regulations (forfeiture)”;

(c) in the definition of “the sampling provisions”, for sub-paragraph (b) substitute—

“(b) regulation 8(3) and (5) of the 2018 Regulations (powers of entry);”.

Commencement Information

I5 Reg. 6 in force at 6.11.2019, see reg. 1(1)

Marginal Citations

M12 S.I. 2017/1012, to which there are amendments not relevant to these Regulations.

The Economic Growth (Regulatory Functions) Order 2017 U.K.

7.  In the Schedule to the Economic Growth (Regulatory Functions) Order 2017 M13 , in Part 3—

(a) omit the entry for “Control of Trade in Endangered Species (Enforcement) Regulations 1997”;

(b) after the entry for “Commission Regulation (EC) No 865/2006” insert—

“Control of Trade in Endangered Species Regulations 2018”.

Commencement Information

I6 Reg. 7 in force at 6.11.2019, see reg. 1(1)

Marginal Citations

M13 S.I. 2017/267, to which there are amendments not relevant to these Regulations.

Zac Goldsmith

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Explanatory Note

(This note is not part of the Regulations)

These Regulations update out of date references in primary and secondary legislation to the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) by replacing those references with references to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703).

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.