Search Legislation

The Invasive Alien Species (Enforcement and Permitting) Order 2019

Changes to legislation:

There are currently no known outstanding effects for the The Invasive Alien Species (Enforcement and Permitting) Order 2019. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  1. Introductory Text

  2. PART 1 Introductory provisions

    1. 1.Citation, commencement, extent and application

    2. 2.Interpretation

  3. PART 2 Offences

    1. 3.Import, keeping, breeding, purchase, release etc. of invasive alien species

    2. 3A.Emergency measures

    3. 4.False statements

    4. 5.Misuse of permits or licences

    5. 6.Compliance with permits and licences

    6. 7.Obstruction and deception

    7. 8.Attempts to commit offences etc.

    8. 9.Offences by bodies corporate

    9. 10.Offences by Scottish partnerships

    10. 11.Offences by partnerships and unincorporated associations

    11. 12.Application of offences in the offshore marine area

    12. 13.Proceedings for offences: venue and time limits

  4. PART 2A Controls on invasive alien species in the offshore marine area

    1. 13A.(1) Subject to paragraph (2), this Order applies (in so...

  5. PART 3 Defences

    1. 14.Defences: permits and licences

    2. 15.Defences: enforcement activity

    3. 16.Transitional provision for non-commercial owners: companion animals

    4. 17.Transitional provision for non-commercial owners: commercial stocks

    5. 18.Transitional provisions for commercial stocks

    6. 19.Defences: due diligence

  6. PART 4 Penalties

    1. 20.Penalties etc.

  7. PART 5 Enforcement

    1. 21.General

    2. 22.Power to stop and search persons

    3. 23.Power to enter and search vehicles

    4. 24.Powers of entry

    5. 25.Examining relevant organisms and taking samples

    6. 26.Power of seizure for purposes of investigation etc.

    7. 27.Power of seizure to facilitate functions of an enforcement officer

    8. 28.Power to use reasonable force

    9. 29.Proof of lawful import or export

    10. 30.Action following seizure

    11. 31.Information sharing

    12. 32.Recovery of costs

    13. 33.Forfeiture

    14. 33A.Meaning of relevant permit and relevant licence

  8. PART 6 Civil sanctions

    1. 34.Civil Sanctions

  9. PART 7 Permits

    1. 35.Permits for activities relating to invasive alien species

  10. PART 8 Licences

    1. 36.Licences for activities relating to invasive alien species

  11. PART 9 Amendments, revocations and effect in relation to other enactments

    1. 37.The Destructive Imported Animals Act 1932

    2. 38.The Customs and Excise Management Act 1979

    3. 39.The Keeping and Introduction of Fish (Wales) Regulations 2014

    4. 40.The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015

    5. 41.Amendments

    6. 42.Revocations

  12. PART 10 Review

    1. 43.Review: England

  13. Signature

    1. SCHEDULE 1

      Provisions of the Principal Regulation

    2. SCHEDULE 2

      Animals and plants to which Articles 3(2) to (4) apply

      1. PART 1 Animals to which the offence in article 3(2) applies

      2. PART 2 Plants to which the offence in article 3(3) applies

      3. PART 3 Species to which the offences in article 3(4) apply

    3. SCHEDULE 3

      Civil sanctions

      1. PART 1 Power to impose civil sanctions

        1. 1.The regulator

        2. 2.Compliance notice

        3. 3.Restoration notice

        4. 4.Imposition of a fixed monetary penalty

        5. 5.Imposition of a variable monetary penalty

        6. 6.Notice of intent

        7. 7.Combination of penalties

        8. 8.Discharge of liability – fixed monetary penalties

        9. 9.Making representations and objections

        10. 10.Third party undertakings

        11. 11.Final notice

        12. 12.Contents of final notice: compliance and restoration notices

        13. 13.Contents of final notice: fixed and variable monetary penalties

        14. 14.Fixed monetary penalty: discount for early payment

        15. 15.Appeals against a final notice

        16. 16.Fixed monetary penalty: non-payment within the stated payment period

        17. 17.Criminal proceedings

      2. PART 2 Stop notices

        1. 18.Stop notices

        2. 19.Contents of a stop notice

        3. 20.Appeals

        4. 21.Completion certificates

        5. 22.Compensation

        6. 23.Offences

      3. PART 3 Enforcement undertakings

        1. 24.Enforcement undertakings

        2. 25.Contents of an enforcement undertaking

        3. 26.Acceptance of an enforcement undertaking

        4. 27.Discharge of an enforcement undertaking

        5. 28.Inaccurate, incomplete or misleading information

        6. 29.Non-compliance with an enforcement undertaking

      4. PART 4 Non-compliance penalties

        1. 30.Non-compliance penalties

        2. 31.Appeals

      5. PART 5 Withdrawal and amendment of notices

        1. 32.Withdrawing or amending a notice

      6. PART 6 Costs recovery

        1. 33.Recovery of enforcement costs

      7. PART 7 Appeals

        1. 34.Appeals

      8. PART 8 Guidance and publicity

        1. 35.Guidance as to use of civil sanctions

        2. 36.Consultation on guidance

        3. 37.Publication of enforcement action

    4. SCHEDULE 4

      Amendments

      1. PART 1 Amendments to primary legislation

        1. 1.Wildlife and Countryside Act 1981

      2. PART 2 Amendments to secondary legislation

        1. 2.The Prohibition of Keeping of Live Fish (Crayfish) Order 1996

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

  14. Explanatory Note

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

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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