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The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England) Order 2021

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Statutory Instruments

2021 No. 236

Wildlife, England

The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England) Order 2021

Made

3rd March 2021

Laid before Parliament

4th March 2021

Coming into force

4th May 2021

The Secretary of State makes the following Order in exercise of the powers conferred by section 22(5) of the Wildlife and Countryside Act 1981 (“the Act”)(1).

In accordance with the requirements of section 26(4) of the Act, the Secretary of State—

(a)has given any local authority affected an opportunity to submit objections or representations with respect to the subject matter of this Order; and

(b)has consulted with the Joint Nature Conservation Committee, being the advisory body considered to be best able to advise the Secretary of State as to whether this Order should be made.

For the purposes of section 26(4)(a) of the Act, the Secretary of State considers that no other persons are affected by this Order.

Citation, commencement, extent and application

1.  This Order—

(a)may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England) Order 2021;

(b)comes into force on 4th May 2021;

(c)extends to England and Wales; and

(d)applies in relation to England only.

Variation of Schedule 9

2.—(1) Schedule 9 (animals and plants to which section 14 applies)(2) to the Wildlife and Countryside Act 1981 is varied as follows.

(2) In Part 1 (non-native animals which are established in the wild), omit the following entries—

Common NameScientific Name
Flatworm, New ZealandArtiposthia triangulata
Pumpkinseed (otherwise known as Sun-fish or Pond-perch)Lepomis gibbosus

(3) In Part 2 (plants), omit the following entry—

Common NameScientific Name
Salvinia, GiantSalvinia molesta

Gardiner of Kimble

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

3rd March 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which applies to England only, removes three species from Schedule 9 to the Wildlife and Countryside Act 1981 (c. 69), which lists animals that may not be released or allowed to escape into the wild and plants which may not be planted or otherwise caused to grow in the wild.

Article 2 omits two entries from Part 1 (animals which are established in the wild) of Schedule 9 and omits one entry from Part 2 (plants) of Schedule 9.

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

(1)

1981 c. 69. There is an amendment to section 22(5)(a) not relevant to this Order.

(2)

Schedule 9 was amended by section 24 of the Infrastructure Act 2015 and by S.I. 1992/320, 2674, 1997/226, 1999/1002, 2010/609, 2019/527.

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