The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019
| Year | 2019 |
2019 No. 1354
Wildlife
The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019
Made 16th October 2019
Laid before Parliament 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 19721.
The Secretary of State is designated for the purposes of that section in relation to—
(a) the environment2, and
(b) wild animals3.
PART 1
Introductory
Citation, commencement and extent
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) Regulations 2 and 4 extend to Scotland only.
(3) Regulation 6 extends to England and Wales only.
PART 2
Amendment of primary legislation
The Wildlife and Countryside Act 1981
2. In section 7(3)(c)4of the Wildlife and Countryside Act 19815—
(a) for “Control of Trade in Endangered Species (Enforcement) Regulations 1997 ( 6)” substitute “Control of Trade in Endangered Species Regulations 2018 ( 7)”;
(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”.
3. In Schedule 1 to the Serious Crime Act 20078, 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 338/97on the protection of species of wild fauna and flora by regulating trade therein9.”.
PART 3
Amendment of secondary legislation
The Conservation (Natural Habitats, &c.) Regulations 1994
4. In regulation 43 of the Conservation (Natural Habitats, &c.) Regulations 199410—
(a) in paragraph (5)—
(i) for sub-paragraph (a)(iii) substitute—
“(iii)
“(iii) regulation 8(3) or (5) of the 2018 Regulations;”;
(ii) in sub-paragraph (b)(iii), for “1997” substitute “2018”;
(b) in paragraph (6)—
(i) in sub-paragraph (a)(iii), for “1997” substitute “2018”;
(ii) for sub-paragraph (c)(iii) substitute—
“(iii)
“(iii) regulation 10 of the 2018 Regulations.”;
(c) in paragraph (13), for the definition of “the 1997 Regulations” substitute—
““the 2018 Regulations” means the Control of Trade in Endangered Species Regulations 2018;”.
The Legislative and Regulatory Reform (Regulatory Functions) Order 2007
5. In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 200711, 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 865/200612” insert—
“Control of Trade in Endangered Species Regulations 2018”.
The Conservation of Habitats and Species Regulations 2017
6.—(1) The Conservation of Habitats and Species Regulations 201713are amended as follows.
(2) In regulations 44(11)(c) and 48(6)(c), for “1997” substitute “2018”.
(3) In regulation 49—
(a)
(a) for the definition of “the 1997 Regulations” substitute—
““the 2018 Regulations” means the Control of Trade in Endangered Species Regulations 2018;”;
(b)
(b) in the definition of “the forfeiture provisions”, for sub-paragraph (b) substitute—
“(b)
“(b) regulation 10(a) and (b) of the 2018 Regulations (forfeiture)”;
(c)
(c) in the definition of “the sampling provisions”, for sub-paragraph (b) substitute—
“(b)
“(b) regulation 8(3) and (5) of the 2018 Regulations (powers of entry);”.
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