The Wildlife and Natural Environment (Scotland) Act 2011 (Commencement No. 4, Savings and Transitional Provisions) Order 2012

Made: 30th May 2012

Laid before the Scottish Parliament: 31st May 2012

Coming into force: 2nd July 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by section43(1) and (2) of the Wildlife and Natural Environment (Scotland) Act 2011[^f00001].

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Wildlife and Natural Environment (Scotland) Act 2011 (Commencement No.4, Savings and Transitional Provisions) Order 2012 and comes into force on2nd July 2012.

• (2) In this Order—

• “the 1932 Act” means the Destructive Imported Animals Act 1932[^f00002];

• “the 1978 Act” means the Imports of Live Fish (Scotland) Act 1978[^f00003];

• “the 1981 Act” means the Wildlife and Countryside Act 1981[^f00004]; and

• “the 2011 Act” means the Wildlife and Natural Environment (Scotland) Act 2011.

Appointed days

2

• (1) 2nd July 2012 is the day appointed for the coming into force of the following provisions of the 2011 Act—

• (a) section14 (non-native species etc.) so far as not already in force;

• (b) section16 (species control orders etc.);

• (c) section17 (non-native species etc.: further provision) so far as not already in force;

• (d) section22 (wildlife inspectors etc.); and

• (e) section25 (modifications and repeals relating to Part2 and game licensing) in respect of the fourteenth, nineteenth, twentieth and twenty first entry in Part 2 of the Schedule.

Savings and transitional provisions

3

• (1) Despite the repeal of sections 3 (grant and revocation of licences) and 8 (saving in respect of animals kept for exhibition etc.) of the 1932 Act by section 25 of, and Part 2 of the Schedule to, the 2011 Act, a licence granted under the repealed sections—

• (a) remains in effect;

• (b) is subject to such conditions as are applied by an enactment listed in Schedule 2 to the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012[^f00005], despite the revocation of those enactments by that Order; and

• (c) is deemed to be a licence granted under section 16(4) of the 1981 Act disapplying a prohibition in or under section 14ZC of that Act.

• (2) Despite the repeal of section 1 (power to limit the import etc. of fish and fish eggs) of the 1978 Act by section 25 of, and Part 2 of the Schedule to, the 2011 Act, a licence granted under the repealed section—

• (a) remains in effect; and

• (b) is deemed to be a licence granted under section 16(4) of the 1981 Act disapplying a prohibition in or under section 14 or 14ZC of that Act.

• (3) Despite the substitution of section 14(1) to (2) of the 1981 Act by section 14(2)(a) of the 2011 Act, a licence granted under section 16(4) of the 1981 Act disapplying a prohibition in section 14(1) to (2) of that Act (prior to amendment by the 2011 Act)—

• (a) remains in effect; and

• (b) is deemed to be a licence granted under section 16(4) of the 1981 Act disapplying a prohibition in or under section 14 of that Act (as amended).

• (4) An application for a licence under—

• (a) section 3 or 8 of the 1932 Act;

• (b) section 1 of the 1978 Act; or

• (c) section 16(4) of the 1981 Act in respect of section 14(1) to (2) of that Act (prior to amendment by the 2011 Act),

so far as it relates to a matter prohibited by or under section 14 or 14ZC of the 1981 Act is, if not determined by the appointed day, to be treated as an application for a licence under section 16(4) of the 1981 Act (as amended).

Signed

STEWART STEVENSON — Authorised to sign by the Scottish Ministers — 30th May 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order commences provisions of the Wildlife and Natural Environment (Scotland) Act 2011 (“the 2011 Act”), so far as not already in force.

Article 2 brings the following provisions of the 2011 Act into force on 2nd July 2012—

• (a) section14 so far as not already in force, which—

• (i) amends section 14 (introduction of new species etc.) of the 1981 Act in relation to the offence of releasing an animal, allowing an animal to escape from captivity and causing an animal to be at a place outwith its native range and the offence of planting, or causing to grow, any plant in the wild at a place outwith its native range;

• (ii) inserts new section 14ZC into the 1981 Act which makes provision restricting the keeping of invasive animals and plants;

• (iii) amends section 14A (prohibition on sale etc. of certain animals or plants) of the 1981 Act by amending the powers of the Scottish Ministers to make orders to make them exercisable in respect of invasive animals or plants; and

• (iv) inserts new section 14B into the 1981 Act which enables the Scottish Ministers to require by order certain persons to notify the presence of an invasive animal or plant at a place outwith the native range of the animal or plant;

• (b) section16 which inserts sections14D to 14P into the 1981 Act relating to species control orders and in particular who can make them, their content, appeals, review, offences in relation to species control orders, enforcement of operations under species control orders and powers of entry;

• (c) section17 so far as not already in force, which makes further amendments to the 1981 Act in relation to non-native species etc. and provides—

• (i) that the keeping measures in new section 14ZC of the 1981 Act do not apply to anything done under and in accordance with a licence granted by the Scottish Ministers under section 16 of the 1981 Act;

• (ii) penalties on conviction for a keeping, notification or species control order offence;

• (iii) for the repeal of references to Schedule 9 to the 1981 Act and the repeal of Schedule9 itself;

• (iv) for Scottish Natural Heritage to advise or assist any other relevant body carrying out operations under a species control order, or a person authorised to enter premises in connection with an order;

• (v) that the making of a release, keeping, sale or notification order by the Scottish Ministers can be annulled by the Scottish Parliament; and

• (vi) that notice of a species control order under section 14G cannot be served by electronic means and that the general rule in the 1981 Act for service of notice on persons who cannot be identified do not apply to notice of a species control order under section14D;

• (d) section22 which makes amendments to the 1981 Act in relation to wildlife inspectors so that wildlife inspectors appointed by the Scottish Ministers under section 19ZC of the 1981 Act are authorised to take enforcement action in respect of the new offences created by the 1981 Act (as inserted by the 2011 Act); and

• (e) section25 and Part2 of the schedule to the Act in respect of the repeal of the Destructive Imported Animals Act 1932 (“the 1932 Act”), the Import of Live Fish (Scotland) Act 1978 (“the 1978 Act”), section38 of the Deer (Scotland) Act 1996 and paragraphs 1 and 2 of the schedule to the Protection of Wild Mammals (Scotland) Act 2002.

Article3 makes saving and transitional provisions in respect of licences authorising the keeping or release of animals, or the planting of plants, under the 1932 Act and the 1978 Act, and under section 14(1) to (2) of the 1981 Act as it applied before the appointed day. The effect of article 3(1), (2) and (3) is that any licence granted under the law in force prior to the appointed day, remains in effect and is deemed to be a licence granted under section 16(4) of the 1981 Act, as amended. Article 3(4) makes transitional provision in relation to any application for a licence which is not determined by 2 July 2012. Such an application under section 16(4) of the 1981 Act, as amended.

Sections 1, 42 and 43 of the 2011 Act came into force on the date of Royal Assent on 7th April 2011.

Footnotes

[^f00001]: 2011 asp 6.

[^f00002]: 1932 c.12.

[^f00003]: 1978 c.35.

[^f00004]: 1981 c.69.

[^f00005]: S.S.I. 2012/174.

[^f00006]: As amended by S.S.I. 2011/437.

[^f00007]: As amended by S.S.I. 2011/287.