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The Conservation of Offshore Marine Habitats and Species Regulations 2017

Type Statutory-Instrument

Publication 2017-10-30

Last updated 2025-02-27

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(b) the disturbance is likely significantly to affect—

(i) their ability to survive, breed, or rear or nurture their young; or

(ii) the local distribution or abundance of that species.

(5) A person is guilty of an offence if—

(a) without reasonable excuse, that person intentionally disturbs animals of any of the species specified in paragraph (10) whilst the animals are in a site in the offshore marine area which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive; and

(b) the disturbance is likely significantly to affect—

(i) their ability to survive, breed, or rear or nurture their young; or

(ii) the local distribution or abundance of that species.

(6) A person is guilty of an offence if—

(a) without reasonable excuse, that person intentionally disturbs any wild bird whilst it is in a site which has been classified as a special protection area under regulation 12 or 13 and which is of a species of bird for which the site was so classified; and

(b) the disturbance—

(i) is such as is likely to impair the bird's ability to survive, breed, or rear or nurture its young; or

(ii) significantly affects the local distribution or abundance of the species to which the bird belongs.

(7) A person is guilty of an offence if, without reasonable excuse, that person intentionally or recklessly damages or destroys a natural habitat type listed in Annex I to the Habitats Directive—

(a) in any site—

(i) in the offshore marine area which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive; or

(ii) which has been designated as a special area of conservation under regulation 11; and

(b) by reason of which—

(i) in the case of a site placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive, the site in question was placed on that list; or

(ii) in the case of a site designated as a special area of conservation under regulation 11, the site in question was so designated.

(8) A person is guilty of an offence if, without reasonable excuse, that person intentionally or recklessly damages or destroys—

(a) the habitat in any site which has been designated as a special area of conservation under regulation 11 and which supports any animals of the species specified in paragraph (9);

(b) the habitat in any site in the offshore marine area which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive and which supports any animals of the species specified in paragraph (10); and

(c) the habitat in any site which has been classified as a special protection area under regulation 12 or 13 which supports any birds of the species for which the site was so classified.

(9) The species referred to in paragraphs (4)(a) and (8)(a) are the species listed in Annex II to the Habitats Directive for which the site in question was designated as a special area of conservation under regulation 11.

(10) The species referred to in paragraphs (5)(a) and (8)(b) are the species listed in Annex II to the Habitats Directive for which the site in question was placed on the list mentioned in those paragraphs.

(11) For the purpose of paragraphs (4) to (8) (and without prejudice to any other reasonable excuse) it is a reasonable excuse that the action causing the disturbance, damage or destruction in question was carried out pursuant to, and in accordance with the terms of, a consent, permission or other authorisation granted by a competent authority.

(12) In proceedings for an offence under paragraph (7) or (8), where this paragraph applies the defendant (“D”) is not to be taken recklessly to have done anything prohibited by that paragraph merely because—

(a) D's actions had the result that D did the thing in question; and

(b) D intended those actions and knew that they might have that result.

(13) Paragraph (12) applies where the defendant (“D”) shows that—

(a) the actions in question were for the purpose, and in the course, of sea fishing; and

(b) D had taken any steps that could reasonably be taken to ensure compliance with the requirements or conditions of any relevant assimilated law.

(14) In paragraph (13), “any relevant assimilated law” means any instrument relating to sea fishing which—

(a) regulates such fishing for the purpose (whether or not the sole purpose) of minimising the extent to which it has a result of the kind referred to in paragraph (12) or the risk that it may have a result of that kind; and

(b) is adopted by any EU instrument under—

(i) Article 43 of the Treaty on the Functioning of the European Union; or

(ii) Council Regulation (EU) No. 1380/2013 on the Common Fisheries Policy, as amended from time to time or any instrument adopted thereunder.

(15) A person guilty of an offence under this regulation is liable, either on summary conviction or on conviction on indictment, to a fine.

(16) In determining the amount of any fine to be imposed on a person convicted of an offence under this regulation, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to that person in consequence of the offence.

PART 3 — PROTECTION OF SPECIES

Application of offences in Part 3

39

(1) Subject to paragraphs (2) and (3), regulations 40, 42, 43, 45, 47 and 49 (in so far as they are capable of so applying) apply to any person—

(a) in any part of the waters comprised in the offshore marine area;

(b) on a ship in any part of the waters comprised in the offshore marine area;

(d) on or under an offshore marine installation; or

(e) on any aircraft above an offshore marine installation, in so far as the presence of the aircraft above that installation is for purposes connected with the use of the installation.

(2) Regulations 40, 42, 43 and 49 do not apply to any person on a third country ship unless the United Kingdom is entitled under international law to exercise those powers without the consent of the flag state.

(3) Regulation 45(3) only applies in relation to a person on a third country ship where—

(a) the animal in question is a relevant animal; or

(b) the part in question is from, or the thing in question is derived from, a relevant animal.

(4) In paragraph (3) “a relevant animal” is an animal of a European protected species which was taken or killed in any part of the waters within British fishery limits.

Protection of birds

Protection of wild birds, their eggs and nests

40

(1) Subject to regulations 41 and 55, a person who deliberately—

(a) captures, injures, or kills any wild bird,

(b) takes, damages or destroys the nest of any wild bird while that nest is in use or being built, or

is guilty of an offence.

(2) Subject to regulations 41 and 55, a person who keeps—

(a) any live or dead wild bird or any part of, or anything derived from, such a bird, or

(b) an egg of a wild bird or any part of such an egg,

is guilty of an offence.

(3) In any proceedings for an offence under paragraph (1)—

(a) in relation to an offence under sub-paragraph (a), the bird in question is to be presumed to have been wild unless the contrary is shown; and

(b) in relation to an offence under sub-paragraph (b) or (c), if the prosecution proves that the nest or egg in question is of a bird which is a member of a species referred to in Article 1 of the Wild Birds Directive, it is to be presumed that the bird was a wild bird unless the contrary is shown.

(4) In any proceedings for an offence under paragraph (1), where this paragraph applies the defendant (“D”) is not to be taken deliberately to have done anything prohibited by that paragraph merely because—

(a) D's actions had the result that D did the thing in question; and

(b) D intended those actions and knew that they might have that result.

(5) Paragraph (4) applies where the defendant (“D”) shows that—

(a) the actions in question were for the purpose, and in the course, of sea fishing;

(b) D did not intend those actions to have the result in question; and

(c) D had taken any steps that could reasonably be taken to ensure compliance with the requirements or conditions of any relevant assimilated law.

(6) In paragraph (5), “any relevant assimilated law” means any instrument relating to sea fishing which—

(a) regulates such fishing for the purpose (whether or not the sole purpose) of minimising the extent to which it has a result of the kind referred to in paragraph (4) or the risk that it may have a result of that kind; and

(b) transposes an instrument adopted by any EU instrument under—

(i) Article 43 of the Treaty on the Functioning of the European Union;

(ii) Council Regulation (EU) No. 1380/2013 on the Common Fisheries Policy, as amended from time to time or any instrument adopted thereunder; or

(iii) Regulation (EC) No. 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy or any instrument adopted thereunder.

(7) In this regulation “destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching.

Defences to the offences in regulation 40

41

(1) A person (“P”) is not guilty of the offence under regulation 40(1)(a) of deliberately capturing a wild bird or an offence under regulation 40(2)(a), if P shows that the act in question—

(a) was in relation to a bird that had been disabled otherwise than by P's unlawful act; and

(b) was done solely for one or both of the purposes of—

(i) tending it and releasing it when no longer disabled, or

(ii) releasing it after it had been tended.

(2) A person (“P”) is not guilty of an offence under regulation 40(1)(a) or (2)(a) if P shows that the act in question—

(a) was in relation to a bird that had been seriously disabled otherwise than by P's unlawful act and that there was no reasonable chance of its recovering; and

(b) was done solely for one or both of the purposes of—

(i) ending the bird's life, or

(ii) disposing of it (otherwise than by sale or exchange) as soon as practicable after it was dead.

(3) A person is not guilty of the offence under regulation 40(1) of deliberately injuring a wild bird if that person shows that this was done solely for the purpose of taking a sample by virtue of regulation 63(2).

(4) A person is not guilty of an offence under regulation 40(2) if that person shows that the act in question was done solely for the purpose of investigating whether one or more of the following offences was being or had been committed—

(a) an offence under regulation 40, 42, 43 or 57;

(b) an offence of attempting to commit an offence under regulation 40, 42 or 43; or

(5) A person is not guilty of an offence under regulation 40(2) if that person shows—

(a) in the case of a wild bird, or any part of, or anything derived, from any such bird—

(i) where the bird is a dead bird, that the bird had not been killed, or that it had been lawfully killed, by any person; and

(ii) whether the bird is live or dead, that the bird had not been captured or had been lawfully captured;

(b) in the case of an egg of a wild bird, that the egg had not been taken from the wild; and

(c) in the case of part of any such egg, that the egg had not been taken from the wild or destroyed in the wild by any person.

(6) A person (“P”) is not guilty of an offence under regulation 40(2) if P shows that the wild bird, egg, or part of an egg had been lawfully sold (whether to P or to any other person) or had otherwise been lawfully acquired by P.

(7) In paragraphs (5) and (6), “lawfully” means—

(a) without contravention of Part 1 of the Wildlife and Countryside Act 1981 , the Wildlife (Northern Ireland) Order 1985 , the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 or these Regulations; or

(b) in the case of a bird, egg or other thing killed, taken or sold in Gibraltar or a member State ..., without contravention (as the case may be) of the law of Gibraltar or the law of that State implementing the Wild Birds Directive.

Prohibition of certain methods of capturing or killing wild birds

42

(1) Subject to regulation 55, a person is guilty of an offence if that person uses for the purpose of capturing or killing any wild bird—

(a) any of the means listed in paragraph (2);

(b) any other means of capturing or killing which is indiscriminate or capable of causing the local disappearance of any species of wild bird; or

(c) any means of capturing or killing from a mechanically propelled vehicle, including a ship or an aircraft, while in immediate pursuit of a wild bird with a view to capturing or killing that bird.

(2) The prohibited means of capturing or killing wild birds are those listed in Schedule 2A.

Sale etc. of live or dead wild birds, eggs etc.

43

(1) Subject to paragraph (3) and regulation 55, it is an offence for a person—

(a) to be in possession of,

(b) to transport for the purpose of sale,

(d) to offer or expose for sale,

anything to which this paragraph applies.

(2) Paragraph (1) applies to—

(a) any live or dead wild bird, or any part of, or anything derived from, such a bird; or

(b) an egg of a wild bird.

(3) A person (“P”) is not guilty of an offence under paragraph (1) in respect of any bird belonging to a species referred to in Part A of Annex III to the Wild Birds Directive, or any egg of such a bird, or anything derived from such a bird, if P shows that—

(a) the bird, egg or other thing had been lawfully killed or taken; or

(b) the bird, egg or other thing had been lawfully sold (whether to P or any other person) or otherwise lawfully acquired by P.

(4) In paragraph (3) “lawfully” means—

(a) without contravention of Part 1 of the Wildlife and Countryside Act 1981, the Wildlife (Northern Ireland) Order 1985, the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 or these Regulations; or

(b) in the case of a bird, egg or other thing killed, taken or sold in Gibraltar or a member State ..., without contravention (as the case may be) of the law of Gibraltar or the law of that State implementing the Wild Birds Directive.

(5) In any proceedings for an offence under this regulation—

(a) the bird in question is to be presumed to have been wild unless the contrary is shown; and

(b) if the prosecution proves—

(i) that the part of a bird in question, or the egg in question, is of a bird which is a member of a species referred to in Article 1 of the Wild Birds Directive, or

(ii) that the thing in question is derived from such a bird,

it is to be presumed that the bird was a wild bird unless the contrary is shown.

(6) In this regulation—

(a) “egg” includes part of an egg; and

(b) “sale” includes hire, barter and exchange, and cognate expressions are to be construed accordingly.

Penalties

44

A person guilty of an offence under regulation 40, 42 or 43 is liable, either on summary conviction or on conviction on indictment, to a fine.

Protection of wild animals

Protection of wild animals listed in Annex IV(a) to the Habitats Directive

45

(1) Subject to regulations 46 and 55, a person who—

(a) deliberately captures, injures, or kills any wild animal of a European protected species,

(b) deliberately disturbs wild animals of any such species,

(d) damages or destroys, or does anything to cause the deterioration of, a breeding site or resting place of such an animal,

is guilty of an offence.

(2) For the purposes of paragraph (1)(b), disturbance of animals includes in particular any disturbance which is likely—

(a) to impair their ability—

(i) to survive, to breed or reproduce, or to rear or nurture their young; or

(ii) in the case of animals of a hibernating or migratory species, to hibernate or migrate; or

(b) to affect significantly the local distribution or abundance of the species to which they belong.

(3) Subject to regulations 39(3), 46 and 55, it is an offence for a person—

(a) to keep or transport,

(b) to sell or exchange, or

anything to which this paragraph applies.

(4) Paragraph (3) applies to—

(a) any live or dead animal or part of an animal—

(i) which has been taken from the wild; and

(ii) which is of a species or subspecies listed in Annex IV(a) to the Habitats Directive; and

(b) any part of, or anything derived from, such an animal or any such part of an animal.

(5) Paragraphs (1) and (3) apply regardless of the stage of the life of the animal in question.

(6) Unless the contrary is shown, in any proceedings for an offence under paragraph (1) the animal in question is to be presumed to have been a wild animal.

(7) In any proceedings for an offence under paragraph (3), where it is alleged that an animal or a part of an animal was taken from the wild, it is to be presumed, unless the contrary is shown, that the animal in question or part of it was taken from the wild.

(8) The Secretary of State, or the Joint Committee with the approval of the Secretary of State, may publish guidance as to the application of the offence in paragraph (1)(b) or (d) in relation to particular species of animals or particular activities.

(9) In proceedings for an offence under paragraph (1)(b) or (d), a court must take into account any relevant guidance published under paragraph (8).

(10) In any proceedings for an offence under paragraph (1), where this paragraph applies the defendant (“D”) is not to be taken deliberately to have done anything mentioned in sub-paragraph (a), (b) or (c) of that paragraph merely because—

(a) D's actions had the result that D did the thing in question; and

(b) D intended those actions and knew that they might have that result.

(11) Paragraph (10) applies where the defendant (“D”) shows that—

(a) the actions in question were for the purpose, and in the course, of sea fishing;

(b) D did not intend those actions to have the result in question; and

(c) D had taken any steps that could reasonably be taken to ensure compliance with the requirements or conditions of any relevant assimilated law.

(12) In paragraph (11), “any relevant assimilated law” means any instrument relating to sea fishing which—

(a) regulates such fishing for the purpose (whether or not the sole purpose) of minimising the extent to which it has a result of the kind referred to in paragraph (10) or the risk that it may have a result of that kind; and

(b) transposes an instrument is adopted by any EU instrument under—

(i) Article 43 of the Treaty on the Functioning of the European Union; or

(ii) Council Regulation (EU) No. 1380/2013 on the Common Fisheries Policy, as amended from time to time or any instrument adopted thereunder.

(13) In determining the amount of any fine to be imposed on a person convicted of an offence under paragraph (1)(d), the court must in particular have regard to whether that person could reasonably have avoided the damage or destruction of the breeding site or resting place concerned.

(14) In this regulation “destroy”, in relation to an egg, includes doing anything to the egg which is calculated to prevent it from hatching.

(15) Regulation 38 does not apply in relation to anything done by a person which is an offence under this regulation.

Defences to the offences in regulation 45

46

(1) A person (“P”) is not guilty of the offence under regulation 45(1)(a) of deliberately capturing a wild animal of a European protected species, or an offence under regulation 45(3)(a), if P shows that the act in question—

(a) was in relation to an animal that had been disabled otherwise than by P's unlawful act; and

(b) was done solely for one or both of the purposes of—

(i) tending and releasing it when no longer disabled; or

(ii) releasing it after it had been tended.

(2) A person (“P”) is not guilty of an offence under regulation 45(1)(a) or (3)(a) if P shows that the act in question—

(a) was in relation to an animal that had been seriously disabled otherwise than by P's unlawful act and that there was no reasonable chance of its recovering; and

(b) was done solely for one or both of the purposes of—

(i) ending the animal's life; or

(ii) disposing of it (otherwise than by sale or exchange) as soon as practicable after it was dead.

(3) A person is not guilty of the offence under regulation 45(1)(a) of deliberately injuring a wild animal of a European protected species if that person shows that this was done solely for the purpose of taking a sample by virtue of regulation 63(2).

(4) A person is not guilty of an offence under regulation 45(3) if that person shows that the animal or part of the animal in question, or the animal or part of the animal from which the part or thing in question is derived, was lawfully taken from the wild.

(5) A person is not guilty of an offence under regulation 45(3) if that person shows that the animal, or the animal from which the part or thing in question is derived—

(a) is of a species listed in the second column of Schedule 2 and was from a population occurring in a country or area which is specified in respect of that species in the third column of that Schedule;

(b) is of the species Capra aegagrus (wild goat) and was not from a population occurring naturally in any member State;

(c) is of the subspecies Ovis gmelini musimon(European mouflon) and was not from a population occurring naturally in Corsica or Sardinia; or

(d) is of the species Coregonus oxyrhynchus (houting) and was either from Finland or was not from an anadromous population.

(6) A person is not guilty of an offence under regulation 45(3)(a) if that person shows that the act in question was done solely for the purpose of investigating whether one or more of the following offences was being or had been committed—

(a) an offence under regulation 45, 47 or 57;

(b) an offence of attempting to commit an offence under regulation 45 or 47; or

(7) The defences in paragraphs (1) to (3) and (6) do not apply where it is shown by the prosecution that the defendant's action did not satisfy the conditions in paragraph (8).

(8) Those conditions are that—–

(a) there was no satisfactory alternative; and

(b) the action was not detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.

(9) For the purposes of any proceedings for an offence under regulation 45(3), the common names given in parenthesis in paragraph (5) are to be disregarded.

(10) For the purposes of paragraph (4), an animal, or part of an animal, is to be treated as having been lawfully taken from the wild if—

(aa) it was taken from the wild in the United Kingdom without contravention of the law and before 10th June 1994;

(a) it was taken from the wild in the European territory of a member State, being territory to which the Treaty on the Functioning of the European Union applies, without contravention of the law of that member State and before the implementation date; or

(b) it was taken from the wild elsewhere.

(11) In this regulation—

“the implementation date” means—where the relevant State became a member State before 10th June 1994, 10th June 1994, andin any other case, the date on which the relevant State became a member State; and

“relevant State” means the State in whose territory the animal, or part of it, was taken from the wild.

Prohibition of certain methods of capturing or killing wild animals

47

(1) This regulation applies in relation to the capturing or killing of a wild animal—

(a) of any of the species listed in Schedule 3; or

(b) of a European protected species, where the capture or killing is otherwise permitted in accordance with these Regulations.

(2) Subject to regulation 55, a person is guilty of an offence if that person uses for the purpose of capturing or killing any such wild animal—

(a) any means listed in paragraph 1 or 2 of Schedule 3A;

(b) any form of capturing or killing from any mode of transport listed in paragraph 3 of Schedule 3A;

(d) any form of capturing or killing from an aircraft.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalties

48

A person guilty of an offence under regulation 45 or 47 is liable, either on summary conviction or on conviction on indictment, to a fine.

Protection of plants

Offences relating to wild plants listed in Annex IV(b) to the Habitats Directive

49

(1) Subject to paragraphs (4) and (5) and regulation 55, it is an offence for a person—

(a) to keep or transport,

(b) to sell or exchange, or

anything to which this paragraph applies.

(2) Paragraph (1) applies to—

(a) any live or dead plant, or part of a plant—

(i) which has been taken in the wild; and

(ii) which is of a species or subspecies listed in Annex II(b) (other than any bryophyte), or listed in Annex IV(b), to the Habitats Directive; and

(b) any part of, or anything derived from, such a plant or such a part of a plant.

(3) Paragraph (1) applies regardless of the stage of the biological cycle of the plant in question.

(4) A person is not guilty of an offence under paragraph (1) if that person shows that the plant or part of the plant in question, or the plant or part of the plant from which the part or thing in question is derived, was lawfully taken in the wild.

(5) A person is not guilty of an offence under paragraph (1)(a) if that person shows that the act in question was done solely for the purpose of investigating whether one or more of the following offences is being or has been committed—

(a) an offence under this regulation or regulation 57;

(b) an offence of attempting to commit an offence under this regulation; or

(6) For the purposes of paragraph (4), a plant, or part of a plant, is to be treated as having been lawfully taken in the wild if—

(aa) it was taken from the wild in the United Kingdom without contravention of the law and before 10th June 1994;

(a) it was taken in the wild in the European territory of a member State, being territory to which the Treaty on the Functioning of the European Union applies, without contravention of the law of that member State and before the implementation date; or

(b) it was taken in the wild elsewhere.

(7) In any proceedings for an offence under this regulation, where it is alleged that a plant or part of a plant was taken in the wild, it is to be presumed, unless the contrary is shown, that that plant or part of a plant was taken in the wild.

(8) A person guilty of an offence under this regulation is liable, either on summary conviction or on conviction on indictment, to a fine.

(9) In this regulation—

“the implementation date” means—where the relevant State became a member State before 10th June 1994, 10th June 1994; andin any other case, the date on which the relevant State became a member State; and

“relevant State” means the State in whose territory the plant, or part of it, was taken in the wild.

PART 4 — ADDITIONAL PROTECTION OF HABITATS AND WILD ANIMALS AND PLANTS

Duties relating to surveillance and monitoring

Surveillance of conservation status of habitats and species

50

(1) In relation to the offshore marine area, the Secretary of State must make arrangements in accordance with paragraphs (9) to (11) for the surveillance of the conservation status of natural habitat types listed in Annex I of the Habitats Directive and species of wild fauna and flora listed in Annex II, IV or V of that Directive, and in particular priority natural habitat types and priority species.

(2) In relation to the Scottish offshore region, the Scottish Ministers must make arrangements in accordance with paragraphs (9) to (11) for the surveillance of the conservation status of natural habitat types listed in Annex I of the Habitats Directive and species of wild fauna and flora listed in Annex II, IV or V of that Directive, and in particular priority natural habitat types and priority species.

(3) In relation to the Welsh offshore region, the Welsh Ministers must make arrangements in accordance with paragraphs (9) to (11) for the surveillance of the conservation status of natural habitat types listed in Annex I of the Habitats Directive and species of wild fauna and flora listed in Annex II, IV or V of that Directive, and in particular priority natural habitat types and priority species

(4) Before the Secretary of State makes any arrangements under paragraph (1) for surveillance in relation to the Scottish offshore region or the Welsh offshore region, the Secretary of State must consult the Scottish Ministers or the Welsh Ministers, respectively.

(5) The Secretary of State must from time to time—

(a) consult the devolved administrations about the arrangements made under paragraph (1);

(b) provide the devolved administrations with such information as the Secretary of State considers appropriate that has been derived from the surveillance arranged under paragraph (1); and

(c) review the arrangements made under paragraph (1) and, if the Secretary of State thinks it appropriate, revise those arrangements.

(6) The Scottish Ministers must from time to time—

(a) consult the other devolved administrations and the Secretary of State about the arrangements made under paragraph (2);

(b) provide the other devolved administrations and the Secretary of State with such information as the Scottish Ministers consider appropriate that has been derived from the surveillance arranged under paragraph (2); and

(7) The Welsh Ministers must from time to time—

(a) consult the other devolved administrations and the Secretary of State about the arrangements made under paragraph (3);

(b) provide the other devolved administrations and the Secretary of State with such information as the Welsh Ministers consider appropriate that has been derived from the surveillance arranged under paragraph (3); and

(8) The Joint Committee must—

(a) assess how and to what extent surveillance of the conservation status of each relevant habitat and species needs to be carried out, having regard to—

(i) whether a habitat or species is a priority natural habitat type or priority species; and

(ii) the conservation status of the habitat or species; and

(b) advise the relevant administration as to the need for such surveillance.

(9) The relevant administration must ensure that the necessary surveillance is carried out on an ongoing basis.

(10) Surveillance for the purposes of this regulation may be carried out by—

(a) the Joint Committee; or

(b) any other person acting pursuant to, and in accordance with, an agreement with the relevant administration or the Joint Committee.

(11) In this regulation—

(a) a “relevant” habitat or species means a habitat or species in the offshore marine area of a type referred to in paragraph (1), (2) or (3);

(b) “the relevant administration” means—

(i) in relation to surveillance under paragraph (1), the Secretary of State;

(ii) in relation to surveillance under paragraph (2), the Scottish Ministers; and

(iii) in relation to surveillance under paragraph (3), the Welsh Ministers.

Protection of certain animals and plants from exploitation

51

(1) The Secretary of State must, as required in the light of information derived from surveillance carried out under regulation 50 or otherwise arranged for the purposes of Article 11 of the Habitats Directive, ensure that measures are taken for the purpose described in paragraph (2).

(2) The purpose referred to in paragraph (1) is to ensure that—

(a) the taking in the wild of specimens of a species listed in Annex V to the Habitats Directive, and

(b) the exploitation of any such specimens in the waters comprising the offshore marine area,

are compatible with that species being maintained at a favourable conservation status.

(3) Where measures are required under paragraph (1), the Secretary of State must make arrangements for surveillance for the purpose of establishing whether the taking in the wild of specimens of the species concerned, and the exploitation of specimens of that species, are compatible with the maintenance of the species at a favourable conservation status.

(4) In so far as arrangements for measures mentioned in paragraph (1) may be made by either the Scottish Ministers or the Welsh Ministers in the exercise of any of their respective functions for the purpose mentioned in paragraph (2), paragraph (1) applies to the Scottish Ministers and the Welsh Ministers as it applies to the Secretary of State.

(5) The obligation of the Secretary of State under paragraph (1) is to be treated as satisfied in so far as it has been met by either the Scottish Ministers or the Welsh Ministers.

(6) Insofar as arrangements for measures mentioned in paragraph (1) may be made by any Northern Ireland department in the exercise of any of its functions for the purpose mentioned in paragraph (2), paragraph (1) applies to that department as it applies to the Secretary of State.

(7) The obligation of the Secretary of State under paragraph (1) is to be treated as satisfied insofar as it has been met by any Northern Ireland department.

(8) Before the Secretary of State exercises any relevant function for the purpose of complying with paragraph (1), the Secretary of State must first consult—

(a) the Scottish Ministers, in the case of a relevant function exercisable for the purpose referred to in paragraph (9)(a);

(b) the Welsh Ministers, in the case of a relevant function exercisable for the purpose referred to in paragraph (9)(b); or

(9) In this regulation, “relevant function” means any function of the Secretary of State exercisable for the purpose of—

(a) securing any result which may instead be secured by the exercise of any function of the Scottish Ministers;

(b) securing any result which may instead be secured by the exercise of any function of the Welsh Ministers; or

Monitoring incidental capture and killing

52

(1) The relevant administration must make arrangements in accordance with paragraphs (4) and (5) to establish a system for monitoring—

(a) the capture of animals of any species listed in Annex IV(a) to the Habitats Directive, and

(b) the killing of any such animals,

which (in either case) is incidental to any activity that takes place in the waters comprised in the offshore marine area.

(2) The relevant administration must, from time to time—

(a) consult the other administrations about the arrangements made under paragraph (1);

(b) provide the other administrations with such information as it considers appropriate derived from the monitoring arranged under paragraph (1); and

(3) The Joint Committee must, in relation to the species of animals listed in Annex IV(a) to the Habitats Directive which are found in the offshore marine area—

(a) identify the risks of incidental capture and killing to which those species are subject, and the activities which give rise to such risks;

(b) maintain a record of instances of incidental capture or killing of animals of those species of which the Joint Committee is aware as a result of the surveillance carried out under regulation 50, the monitoring carried out under this regulation, or otherwise;

(i) the risks identified under sub-paragraph (a);

(ii) the instances of incidental capture or killing recorded under sub-paragraph (b);

(iii) whether the species is a priority species; and

(iv) the conservation status of the species; and

(d) advise the relevant administration as to the need for such monitoring.

(4) The relevant administration must ensure that the necessary monitoring of incidental capture and killing is carried out.

(5) Monitoring for the purposes of this regulation may be carried out by—

(a) the Joint Committee;

(b) any other competent authority;

(i) an agreement with the relevant administration or the Joint Committee; or

(ii) a condition of a licence or other authorisation granted by a competent authority.

(6) Before the Secretary of State exercises any functions under this regulation in relation to a matter in relation to which functions are also exercisable by the Scottish Ministers or the Welsh Ministers, the Secretary of State must consult the Scottish Ministers or Welsh Ministers, respectively.

(7) The obligations of the Secretary of State under this regulation in relation to the Scottish offshore region or the Welsh offshore region are to be treated as satisfied in so far as corresponding obligations of the Scottish Ministers or the Welsh Ministers, respectively, have been met by them.

(8) In this regulation—

(a) “the other administrations” means the administrations other than the relevant administration, and for this purpose “the administrations” means the Secretary of State and the devolved administrations; and

(b) “the relevant administration” means—

(i) in relation to the monitoring of activity taking place in the offshore marine area, the Secretary of State;

(ii) in relation to the monitoring of activity taking place in the Scottish offshore region, the Scottish Ministers; and

(iii) in relation to the monitoring of activity taking place in the Welsh offshore region, the Welsh Ministers.

Protection from incidental capture and killing

53

(1) The Secretary of State must, as required in the light of information derived from monitoring carried out under regulation 52 or otherwise arranged for the purposes of Article 12(4) of the Habitats Directive, make arrangements for further research, or ensure that conservation measures are taken, for the purpose specified in paragraph (2).

(2) The purpose referred to in paragraph (1) is to ensure that the capture or killing (as the case may be) of animals of a species listed in Annex IV(a) to the Habitats Directive which is incidental to any activity that takes place in the waters comprised in the offshore marine area does not have a significant negative impact on that species.

(3) In so far as arrangements for further research or conservation measures mentioned in paragraph (1) may be made by the Scottish Ministers, the Welsh Ministers or any Northern Ireland Department in the exercise of any of their functions for the purpose mentioned in paragraph (2), paragraph (1) applies to the Scottish Ministers, the Welsh Ministers and that Northern Ireland Department, as the case may be, as it applies to the Secretary of State.

(4) The obligation of the Secretary of State under paragraph (1) is to be treated as satisfied in so far as it has been met by the Scottish Ministers, the Welsh Ministers or any Northern Ireland Department.

(5) Before the Secretary of State exercises any relevant function for the purpose of complying with paragraph (1), the Secretary of State must first consult—

(a) the Scottish Ministers, in the case of a relevant function exercisable for the purpose referred to in paragraph (6)(a);

(b) the Welsh Ministers in the case of a relevant function exercisable for the purpose referred to in paragraph (6)(b); or

(c) in Northern Ireland, the DAERA in the case of a relevant function exercisable for the purpose referred to in paragraph (6)(c).

(6) In this regulation, “relevant function” means any function of the Secretary of State exercisable for the purpose of—

(a) securing any result which may instead be secured by the exercise of any function of the Scottish Ministers;

(b) securing any result which may instead be secured by the exercise of any function of the Welsh Ministers; or

Introduction of new species

54

(1) Subject to regulation 55(11)—

(a) a person on an offshore marine installation commits an offence if that person deliberately introduces into any relevant part of the waters in any area designated under section 1(7) of the Continental Shelf Act 1964 any live animal or plant of a kind having a natural range that does not include those waters; and

(b) a person in, or on board a ship in, any relevant part of the waters comprised in the offshore marine area commits an offence if, other than in accordance with paragraph (3), that person deliberately introduces into any part of those waters any live animal or plant of a kind having a natural range that does not include those waters.

(2) For the purposes of paragraph (1), “relevant part” means any part where the introduction would give rise to a risk of prejudice to natural habitats within their natural range or a risk of prejudice to wild native flora or fauna (whether in the place of introduction or elsewhere).

(3) An introduction is in accordance with this paragraph if—

(a) it resulted from a discharge of water carried as ballast and the discharge was necessary for the purpose of protecting the safety of any person or ship; and

(b) all reasonably practicable steps were taken—

(i) to avoid its occurring in an area where it would give rise to a risk of prejudice to natural habitats within their natural range or a risk of prejudice to wild native flora or fauna (whether in the place of introduction or elsewhere); and

(ii) to minimise any risk of such prejudice.

(4) In any proceedings for an offence under paragraph (1)(b), a court must have regard to any guidance about steps which may be taken to avoid committing an offence under paragraph (1)(b) which is issued for the purposes of this paragraph by the Secretary of State, or—

(a) in relation to the Scottish offshore region, by the Scottish Ministers; or

(b) in relation to the Welsh offshore region, by the Welsh Ministers.

(5) The Scottish Ministers or the Welsh Ministers may only issue guidance under paragraph (4) with the agreement of the Secretary of State.

(6) In any proceedings for an offence under paragraph (1)(b), it is for the defendant to show that the introduction in question was in accordance with paragraph (3).

(7) A person guilty of an offence under this regulation is liable, either on summary conviction or on conviction on indictment, to a fine.

(8) This regulation does not apply to a person on board a third country ship unless the United Kingdom is entitled under international law to exercise those powers without the consent of the flag state.

PART 5 — LICENCES

Power to grant licences

55

(1) Regulations 40, 42 and 43 do not apply to anything done under and in accordance with the terms of a licence granted by the relevant administration under this paragraph, and—

(a) in the interests of preserving public health, public safety or air safety;

(b) for the purpose of preventing serious damage to fisheries;

(d) for scientific or educational purposes; or

(e) for the purposes of the re-population of an area with, or the re-introduction into an area of, wild birds (including any breeding necessary for those purposes).

(2) The relevant administration must not grant a licence for any purpose mentioned in paragraph (1) unless satisfied that, as regards that purpose, there is no other satisfactory solution.

(3) The relevant administration may grant a licence to permit the capture, keeping or other judicious use of certain wild birds notwithstanding that the licence is not for a purpose within paragraph (1).

(4) The relevant administration must not grant a licence under paragraph (3) unless satisfied that—

(a) there is no other satisfactory solution than granting the licence; and

(b) the grant of the licence would be consistent with the restrictions in Article 9(1)(c) of the Wild Birds Directive (namely “under strictly supervised conditions and on a selective basis” and in respect of a small number of birds).

(5) Regulations 40, 42 and 43 do not apply to anything done under and in accordance with the terms of a licence granted by the relevant administration under paragraph (3).

(6) Regulations 45, 47 and 49 do not apply to anything done under and in accordance with the terms of a licence granted by the relevant administration under this paragraph, and—

(a) in the interests of public health or public safety or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment;

(b) for the purpose of preventing serious damage to fisheries;

(d) in the interest of protecting wild flora or fauna or conserving natural habitats;

(e) for the purpose of preventing the spread of disease;

(f) for scientific or educational purposes; or

(g) for the purposes of the re-population of an area with, or the re-introduction into an area of, wild animals or wild plants (including any breeding or artificial propagation necessary for those purposes).

(7) The relevant administration must not grant a licence under paragraph (6) unless satisfied—

(a) that there is no satisfactory alternative; and

(b) that the action authorised will not be detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range.

(8) The relevant administration may grant a licence to permit the taking or keeping of certain specimens of any of the species or subspecies listed in Annex II(b) (other than any bryophyte) or Annex IV to the Habitats Directive notwithstanding that the licence is not for a purpose within paragraph (6).

(9) The relevant administration must not grant a licence under paragraph (8) unless satisfied—

(a) that the grant of the licence would be consistent with the restrictions in Article 16(1)(e) of the Habitats Directive (namely “under strictly supervised conditions, on a selective basis and to a limited extent” and “in limited numbers”);

(b) that there is no satisfactory alternative; and

(c) that the action authorised will not be detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range.

(10) Regulations 45, 47 and 49 do not apply to anything done under and in accordance with the terms of a licence granted by the relevant administration under paragraph (8).

(11) Regulation 54 does not apply to anything done under and in accordance with the terms of a licence granted by the relevant administration under this paragraph.

(12) The relevant administration must not grant a licence under paragraph (11) unless satisfied that the action authorised by the licence will not prejudice natural habitats within their natural range or wild native fauna or flora.

(13) The relevant administration must not grant a licence for any purpose under this regulation unless it has been advised by the Joint Committee as to the circumstances in which, in the Joint Committee's opinion, licences should be granted for the purpose in question.

(14) The relevant administration may charge for a licence under this regulation such reasonable sum as it may determine.

(15) In this regulation “the relevant administration” means—

(a) in relation to the licensing of anything done—

(i) in any part of the waters comprising the offshore marine area outside the Scottish offshore region and the Welsh offshore region, or

(ii) in the course of carrying on any activity specified in paragraph (16) in any part of the offshore marine area,

the Secretary of State; and

(b) in relation to the licensing of anything done in the course of carrying out any activity other than one specified in paragraph (16)—

(i) in the Scottish offshore region, the Scottish Ministers; and

(ii) in the Welsh offshore region, the Welsh Ministers.

(16) The activities specified in this paragraph are—

(a) an activity for which a licence under section 3 of the Petroleum Act 1998 is required or which is permitted by section 2 of the Petroleum (Production) Act 1934 (licences to search for and get petroleum);

(b) constructing or maintaining a pipeline in respect of any part of which an authorisation (within the meaning of Part 3 of the Petroleum Act 1998) is in force;

(d) taking any installation abandonment measures;

(e) an activity for which a licence under section 4 or 18 of the Energy Act 2008 is required (gas unloading, storage and recovery, and carbon dioxide storage);

(f) any activity other than those specified in sub-paragraphs (a) to (e), relating to a matter which is a reserved matter by virtue of section D2 (oil and gas) in Part 2 of Schedule 5 to the Scotland Act 1998 ;

(g) any activity relating to a matter which is a reserved matter by virtue of paragraph 9 of Part 1 of that Schedule (defence); and

(h) any activity relating to a matter which is a reserved matter by virtue of section E3 (marine transport) in Part 2 of that Schedule.

(17) For the purposes of paragraph (15)(a), a thing is to be treated as done in a part of the waters referred to in paragraph (i) of that paragraph if it is done on any ship in, or any British aircraft flying over, any such part, or on any aircraft flying over an offshore marine installation in any such part, or on or under any such offshore marine installation.

(18) In relation to an application for a licence received by the Secretary of State before these Regulations come into force, paragraph (15)(b)(ii) applies as if for “the Welsh Ministers” there were substituted “ the Secretary of State ”.

Licences: supplementary provisions

56

(1) Subject to the provisions of this regulation, a licence under regulation 55—

(a) may be, to any degree, general or specific;

(b) may be granted either to persons of a class or to a particular person; and

(2) For the purposes of such a licence the definition of a class of persons may be framed by reference to their being authorised by any other person, or by reference to any other circumstances whatever.

(3) A licence under regulation 55(1) or (3) must specify—

(a) the species of wild birds in respect of which, the circumstances in which, and the conditions subject to which, any action authorised by the licence may be taken; and

(b) the methods, means or arrangements which are authorised or required for the taking of the action.

(4) A licence under regulation 55(6) which authorises any person to kill wild animals must specify the area within which and the means or methods by which the wild animals may be killed.

(5) A licence under regulation 55(8) may only be granted to such persons as are named in the licence.

(6) A licence under regulation 55(8) must specify—

(a) the species of animal or plant specimens which may be taken or kept;

(b) the maximum number of specimens which may be taken or kept or which particular specimens may be taken or kept;

(i) the methods, means or arrangements by which the specimens may be taken or kept;

(ii) when or over what period the action authorised by the licence may be taken; and

(iii) where it authorises any person to take specimens, the area from which they may be taken.

(7) A licence under regulation 55 may be modified or revoked at any time by the relevant administration, but otherwise it is valid for the period stated in the licence.

(8) In paragraph (7), “the relevant administration” is to be construed in accordance with regulation 55(15), (16) and (18).

False statements made for obtaining licence

57

(1) A person (“P”) is guilty of an offence if, for the purposes of obtaining (whether for P or another) the grant of a licence under regulation 55, P—

(a) makes a statement or representation, or furnishes a document or information, which P knows to be false in a material particular; or

(b) recklessly makes a statement or representation, or furnishes a document or information, which is false in a material particular.

(2) A person guilty of an offence under this regulation is liable, either on summary conviction or on conviction on indictment, to a fine.

PART 6 — ENFORCEMENT AND SUPPLEMENTARY PROVISION RELATING TO CRIMINAL OFFENCES

Enforcement

Wildlife officers

58

(1) The Secretary of State, the Scottish Ministers or the Welsh Ministers may authorise any person to be a wildlife officer.

(2) A competent authority other than a competent authority in Scotland or a competent authority in Wales may authorise any person to be a wildlife officer, subject to and in accordance with the agreement of the Secretary of State.

(3) A competent authority in Scotland (other than the Scottish Ministers) or a competent authority in Wales (other than the Welsh Ministers) may authorise any person to be a wildlife officer, subject to and in accordance with the agreement of the Scottish Ministers or Welsh Ministers respectively.

(4) An authorisation under paragraph (1), (2) or (3) must be in writing and may be subject to any conditions or limitations specified in it.

(5) Payments may be made by way of remuneration, allowances, expenses or otherwise—

(a) by the Secretary of State to any person authorised by the Secretary of State under paragraph (1);

(b) by the Scottish Ministers to any person authorised by them under paragraph (1);

(d) by a competent authority to any person authorised by it under paragraph (2) or (3).

(6) An agreement under paragraph (2) or (3) may be subject to conditions or limitations and may make provision for payment by the relevant administration to reimburse the competent authority for the expenses it incurs in connection with and for the purposes of the agreement.

(7) In this regulation, “the relevant administration” means—

(a) in relation to an agreement under paragraph (2), the Secretary of State; and

(b) in relation to an agreement under paragraph (3), the Scottish Ministers or the Welsh Ministers as the case may be.

Enforcement functions of wildlife officers appointed by the Scottish Ministers or the Welsh Ministers and competent authorities in Scotland or Wales

59

(1) A wildlife officer appointed by the Scottish Ministers under regulation 58(1) or by a competent authority in Scotland under regulation 58(3)—

(a) may only exercise any function under regulations 60 to 67 for the purposes of ascertaining whether an offence under these Regulations is being or has been committed in the Scottish offshore region; and

(b) in relation to anything done in the course of carrying on an activity falling within paragraph (3), may only exercise any such function subject to and in accordance with the agreement of the Secretary of State.

(2) A wildlife officer appointed by the Welsh Ministers under regulation 58(1) or by a competent authority in Wales under regulation 58(3)—

(a) may only exercise any function under regulations 60 to 67 for the purposes of ascertaining whether an offence under these Regulations is being or has been committed in the Welsh offshore region; and

(b) in relation to anything done in the course of carrying on an activity falling within paragraph (3), may only exercise any such function subject to and in accordance with the agreement of the Secretary of State.

(3) The activities falling within this paragraph are—

(a) an activity for which a licence under section 3 of the Petroleum Act 1998 or section 2 of the Petroleum (Production) Act 1934 (licences to search for and get petroleum) is required;

(b) constructing or maintaining a pipeline in respect of which, or any part of which, an authorisation (within the meaning of Part 3 of the Petroleum Act 1998) is in force;

(d) taking any installation abandonment measures;

(e) an activity for which a licence under section 4 or 18 of the Energy Act 2008 is required (gas unloading, storage and recovery, and carbon dioxide storage);

(f) any activity other than those specified in sub-paragraphs (a) to (e), relating to a matter which is a reserved matter by virtue of section D2 (oil and gas) in Part 2 of Schedule 5 to the Scotland Act 1998 ;

(g) any activity relating to a matter which is a reserved matter by virtue of paragraph 9 of Part 1 of that Schedule (defence); and

(h) any activity relating to a matter which is a reserved matter by virtue of section E3 (marine transport) in Part 2 of that Schedule.

Powers of boarding, entry and inspection

60

(1) For the purposes of ascertaining whether an offence under these Regulations is being or has been committed on or from a ship to which this paragraph applies or on or from an offshore marine installation, a wildlife officer may at any time, and (if required to do so) upon producing duly authenticated authorisation, board and inspect the ship or offshore marine installation in question.

(2) Paragraph (1) applies to—

(a) a ship, wherever it may be—

(i) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 ;

(ii) which, as a Government ship, is registered in the United Kingdom in pursuance of an Order in Council under section 308 of that Act;

(iii) which is within section 1(1)(d) of that Act and is not a third country ship; or

(iv) which is registered under the law of Gibraltar;

(b) any other ship within British fishery limits; or

(3) A wildlife officer may at all reasonable hours, and (if required to do so) upon producing duly authenticated authorisation, enter and inspect any premises, other than any premises referred to in paragraph (2), in the United Kingdom for the purpose of ascertaining whether an offence under these Regulations has been committed.

(4) In relation to premises which are a dwelling, the power conferred by paragraph (3) may only be exercised on the grant of a warrant by a justice.

(5) A justice may only issue a warrant under paragraph (4) if, on an application made by a wildlife officer, the justice is satisfied—

(a) that the officer has reasonable grounds for believing that there is material in the dwelling which is likely to be of substantial value (whether in itself or together with other material) to the investigation of an offence under these Regulations; and

(b) that—

(i) it is not practicable to communicate with any person entitled to grant entry to the dwelling;

(ii) a person entitled to grant entry to the dwelling has unreasonably refused a wildlife officer entry;

(iii) entry to the dwelling is unlikely to be granted unless a warrant is produced; or

(iv) the purpose of entry may be frustrated or seriously prejudiced unless a wildlife officer arriving at the dwelling can secure immediate entry to it.

(6) Sections 15 and 16 of the Police and Criminal Evidence Act 1984 (which respectively relate to safeguards in respect of warrants and the execution of warrants) and articles 17 and 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (which make provision corresponding to those sections) have effect (in relation to England and Wales and in relation to Northern Ireland respectively) in relation to warrants issued to wildlife officers under this regulation as they have effect in relation to warrants issued to constables.

(7) In this regulation—

a “justice” means—in relation to England and Wales and Northern Ireland, a justice of the peace; andin relation to Scotland, a sheriff, stipendiary magistrate or justice of the peace;

“the United Kingdom” means the United Kingdom (including its internal waters) and the territorial sea adjacent to the United Kingdom;

“Government Ship” has the meaning given in section 308 of the Merchant Shipping Act 1995.

Additional powers

61

Regulations 62 to 64 apply where a wildlife officer has boarded any ship or offshore marine installation or entered any premises by virtue of regulation 60.

Powers to make inquiries and examine things

62

(1) A wildlife officer may, for the purposes of ascertaining whether an offence has been or is being committed under these Regulations—

(a) make any inquiry of any person on board the ship or offshore marine installation or at the premises; or

(b) examine anything there.

(2) A wildlife officer may require any person on board the ship or offshore marine installation, or an occupier of the premises, to do anything to facilitate the officer's examination of anything.

Powers relating to specimens

63

(1) A wildlife officer may, for the purpose of ascertaining whether an offence has been or is being committed under these Regulations, require any person on board the ship or offshore marine installation, or at the premises, who is in possession or control of a specimen, to make that specimen available for inspection.

(2) A wildlife officer may, subject to paragraph (3), take a sample from any specimen found on the ship or offshore marine installation or at the premises or which is made available under paragraph (1).

(3) No sample may be taken under paragraph (2) from a live bird, other animal or plant except for the purpose of establishing its identity or ancestry.

(4) A wildlife officer may take and remove from the ship, offshore marine installation or premises any specimen which is not a live bird, other animal or plant, if there are reasonable grounds for believing it is evidence of an offence under these Regulations.

(5) In this regulation—

“sample” means a sample of blood, tissue or other biological material; and

“specimen” means—any bird, other animal or plant; orany part of, or anything derived from, a bird, other animal or plant.

Powers relating to documents and recording evidence of offences

64

(1) A wildlife officer may, for the purposes of ascertaining whether an offence has been or is being committed under these Regulations, require any person on board the ship or offshore marine installation, or at the premises, to produce any document in that person's possession or control, and may take copies of any such document.

(2) A wildlife officer may take and remove any document from the ship, offshore marine installation or premises, if there are reasonable grounds for believing it is evidence of an offence under these Regulations.

(3) Nothing in paragraph (2) permits any document to be taken or removed from a ship, offshore marine installation or premises which is required by law to be carried on the ship or offshore marine installation or to be kept at the premises.

(4) A wildlife officer may use any device for the purpose of taking visual images or sound recordings of anything which the officer believes is evidence of an offence under these Regulations.

Further powers in relation to ships

65

(1) In order to ascertain whether an offence is being or has been committed under these Regulations by a person on board a ship, a wildlife officer may require the ship to stop and do anything which will facilitate the boarding of the ship.

(2) Where a wildlife officer has reasonable grounds for believing that an offence is being or has been committed under these Regulations by a person on board a ship, the officer may—

(a) require the master, or other person for the time being in charge of the ship, to take it and its crew to the port which appears to the officer to be the nearest convenient port; and

(b) detain the ship in port, or require the master, or other person for the time being in charge of the ship, to do so.

(3) A wildlife officer who detains any ship must serve on the person in charge notice in writing stating that it is to be detained until the notice is withdrawn by service of a further notice in writing signed by a wildlife officer.

Assistance for wildlife officers

66

(1) A wildlife officer may—

(a) be accompanied by any other person the officer considers necessary; and

(b) bring any equipment or materials the officer considers necessary.

(2) A person assisting a wildlife officer may perform any of that officer's functions but only under that officer's supervision.

Power to use reasonable force

67

A wildlife officer, or a person assisting an officer by virtue of regulation 66, may use reasonable force, if necessary, in the exercise of functions under these Regulations.

Liability of wildlife officers

68

A wildlife officer, or a person assisting an officer by virtue of regulation 66, is not to be personally liable in any civil or criminal proceedings for anything done in the purported exercise of functions under these Regulations if the court is satisfied that the act was done in good faith and there were reasonable grounds for doing it.

Offences in relation to wildlife officers

69

(1) A person (“P”) is guilty of an offence if P—

(a) intentionally obstructs a wildlife officer, or a person assisting an officer by virtue of regulation 66, in the exercise of functions under these Regulations;

(b) assaults a wildlife officer, or a person assisting an officer by virtue of regulation 66, in the exercise of functions under these Regulations;

(c) fails without reasonable excuse to comply with a requirement under regulation 62(2), 63(1), 64(1) or 65 reasonably made by a wildlife officer or by a person assisting an officer by virtue of regulation 66;

(d) prevents any other person from complying with any such requirement; or

(e) in purporting to give information requested by a wildlife officer, or by a person assisting an officer by virtue of regulation 66, makes a statement which P knows to be false in a material particular.

(2) A person guilty of an offence under this regulation is liable, either on summary conviction or on conviction on indictment, to a fine.

Supplementary provision relating to criminal offences

Jurisdiction of courts

70

Proceedings for prosecuting an offence under these Regulations may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of the United Kingdom.

Possession of means of committing offence

71

(1) Subject to paragraph (2), a person who, for the purpose of committing an offence under Part 3, is in possession of anything capable of being used for committing the offence, is guilty of an offence and punishable in the same manner as for that offence.

(2) An offence under paragraph (1) may only be committed by a person—

(a) in the United Kingdom; or

(b) at a place where, or on a ship or aircraft on which and in a place where, the offence under Part 3 could have been committed.

(3) In this regulation “the United Kingdom” means the United Kingdom (including its internal waters) and the territorial sea adjacent to the United Kingdom.

Offences by bodies corporate etc.

72

(1) If an offence under these Regulations committed by a body corporate is shown—

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to any neglect on the part of an officer,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were an officer of the body.

(3) If an offence under these Regulations committed by a Scottish partnership is shown—

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to any neglect on the part of a partner,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(4) In this regulation—

(a) “officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity; and

(b) “partner” includes a person purporting to act as a partner.

Territorial Waters Jurisdiction Act 1878

73

Section 3 of the Territorial Waters Jurisdiction Act 1878 (consents to prosecutions of offences committed on the open sea by persons who are not British citizens) does not apply to any proceedings for an offence under these Regulations.

PART 7 — MISCELLANEOUS

Research

74

(1) The Secretary of State must take such steps to encourage research and scientific work relating to the offshore marine area as the Secretary of State considers necessary—

(a) having regard to the objectives in Article 2, and the obligation in Article 11, of the Habitats Directive; and

(b) for the purpose of the protection or management, and in relation to the use, of any population of wild birds.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In deciding what steps to take under paragraph (1), the Secretary of State must have particular regard to the need for research and scientific work—

(a) on the subjects listed in Annex V to the Wild Birds Directive; or

(b) which may be required to implement Article 4 of the Habitats Directive.

(4) This regulation applies to—

(a) the Scottish Ministers as it applies to the Secretary of State, but as if, in paragraphs (1) and (2), the reference to the offshore marine area were a reference to the Scottish offshore region; and

(b) the Welsh Ministers as it applies to the Secretary of State, but as if, in paragraphs (1) and (2), the reference to the offshore marine area were a reference to the Welsh offshore region.

(5) Before the Secretary of State takes any steps under this regulation in relation to the Scottish offshore region or the Welsh offshore region under this regulation, the Secretary of State must consult the Scottish Ministers or the Welsh Ministers (respectively).

Nature conservation education

75

The Joint Committee must take such steps as it considers appropriate to promote public awareness of, and to disseminate information on—

(a) the need to protect species of wild flora and fauna found in the offshore marine area; and

(b) the need to conserve the habitats of such flora and fauna and natural habitats found in the offshore marine area.

Re-introduction of species

76

(1) If the relevant administration considers that re-introducing a species to which this regulation applies into any part of the waters comprised in the offshore marine area might contribute to the conservation of that species, the relevant administration—

(a) must make arrangements for a study to be carried out to consider the desirability of doing so; and

(b) may, if the relevant administration considers it appropriate, carry out or cause to be carried out an investigation in accordance with paragraph (5) for the purpose of ascertaining whether the re-introduction of the species would contribute effectively to re-establishing the species at a favourable conservation status.

(2) Paragraph (3) applies if the study under paragraph (1)(a) concludes that any such re-introduction would be desirable—

(a) in the light of an investigation carried out under paragraph (1)(b); or

(b) where no such investigation has been carried out, subject to such an investigation being carried out and reaching a conclusion in the affirmative.

(3) Where this paragraph applies, and subject to paragraph (4), the relevant administration may make arrangements to re-introduce the species into such waters after—

(a) carrying out such an investigation; and

(b) consulting such persons as the relevant administration considers may have an interest in the re-introduction.

(4) The relevant administration must not proceed with the re-introduction unless the conclusion of the investigation carried out under paragraph (1)(b) is in the affirmative.

(5) Any investigation under paragraph (1)(b) must—

(a) consider whether the species concerned has been re-introduced in the territory of any member States or elsewhere; and

(b) take account of any evidence relating to any such re-introductions which is relevant for the purposes of the investigation.

(6) This regulation applies to such species in Annex IV of the Habitats Directive as are native to the offshore marine area.

(7) Before the Secretary of State exercises any functions under this regulation in relation to the waters comprising the Scottish offshore region or the waters comprising the Welsh offshore region under this regulation, the Secretary of State must consult the Scottish Ministers or the Welsh Ministers, respectively.

(8) In this regulation, “the relevant administration” means—

(a) in relation to the re-introduction of species in any part of the waters comprised in the Scottish offshore region, the Scottish Ministers;

(b) in relation to the re-introduction of species in any part of the waters comprised in the Welsh offshore region, the Welsh Ministers; and

(c) in relation to the re-introduction of species in other any part of the waters comprising the offshore marine area, the Secretary of State.

Advisory role of the Joint Committee

77

(1) The Joint Committee may—

(a) provide advice and assistance, or make representations, to a competent authority on a nature conservation matter which is connected with the discharge of the competent authority's functions under these Regulations; and

(b) undertake, commission or support (whether by financial means or otherwise) such research and scientific work as the Joint Committee considers is required for the purposes of providing advice or assistance or making representations under sub-paragraph (a).

(2) In this regulation and regulation 78, “research” includes inquiries and investigations.

Advice on appropriate assessments

78

(1) Natural England may provide advice and may make representations to a competent authority in relation to—

(a) any question as to whether that authority is obliged to carry out an appropriate assessment upon which it must consult Natural England under these Regulations; and

(b) any appropriate assessment upon which that authority must consult Natural England under these Regulations.

(2) The Natural Resources Body for Wales may provide advice or make representations to a competent authority in relation to—

(a) any question as to whether that authority is obliged to carry out an appropriate assessment upon which it must consult the Natural Resources Body for Wales under these Regulations; and

(b) any appropriate assessment upon which that authority must consult the Natural Resources Body for Wales under these Regulations.

(3) Scottish Natural Heritage may provide advice and may make representations to a competent authority in relation to—

(a) any question as to whether that authority is obliged to carry out an appropriate assessment upon which it must consult Scottish Natural Heritage under these Regulations; and

(b) any appropriate assessment upon which that authority must consult Scottish Natural Heritage under these Regulations.

(4) Natural England, the Natural Resources Body for Wales and Scottish Natural Heritage may each undertake, commission or support (whether by financial means or otherwise) such research and scientific work as they think is required for the purposes of providing advice or making representations under this regulation.

Reports to the Commission

79

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Form of communications

80

(1) Subject to paragraph (2), where—

(a) a person is required to give notice to any person of any matter,

(b) a person may make representations on a matter to any person, or

the notice, representations or request (together with any accompanying information or documents) must be in writing.

(2) A notice, representations or a request (and any accompanying information or documents) may be given or sent by means of an electronic communication if the intended recipient consents.

(3) In this regulation and in regulation 81, “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 .

Notices

81

(1) Any notice required under these Regulations may be given to a person by—

(a) leaving it at that person's proper address;

(b) sending it by post to that person at that address; or

(c) where an address for receipt by electronic communication has been given by that person, sending it by means of electronic communication to that person at that address.

(2) Any such notice may—

(a) in the case of a body corporate (other than a limited liability partnership) be given to the secretary or clerk of that body;

(b) in the case of a limited liability partnership, be given to a member; and

(c) in the case of a partnership (other than a limited liability partnership), be given to a partner or person having control or management of the partnership business.

(3) For the purpose of this regulation and of section 7 of the Interpretation Act 1978 (reference to service by post) in its application to this regulation, the proper address of any person to whom any such notice is to be given is the person's last known address, except that—

(a) in the case of a body corporate (other than a limited liability partnership) or its secretary or clerk, it is the address of the registered or principal office of that body;

(b) in the case of a limited liability partnership or a member of a limited liability partnership, it is the registered or principal office of that partnership; and

(c) in the case of a partnership (other than a limited liability partnership) or person having control of the partnership business, it is the principal office of that partnership.

(4) For the purposes of paragraph (3) the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(5) If a person (“P”) to be given any such notice has specified an address in the United Kingdom other than P's proper address within the meaning of paragraph (3) as the one at which P or another person on P's behalf will accept notices of the same description as that notice, that address is also to be treated for the purposes of this regulation and section 7 of the Interpretation Act 1978 as P's proper address.

(6) Where a notice is given by means of an electronic communication, it is deemed to be given by properly addressing and transmitting the electronic communication.

(7) Where a notice given by means of electronic communication is received by the recipient outside that person's normal office hours, it will be taken to have been received on the next working day.

(8) In this regulation “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 .

Review

82

(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Habitats Directive and the Wild Birds Directive are implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the coming into force of these Regulations.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Revocations

83

The following are revoked—

(a) the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 ;

(b) the Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2009 ;

(d) the Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2012 .

Consequential amendments

84

Schedule 4 (amendments to legislation) has effect.

Saving

85

Notwithstanding the revocation of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007, regulation 75 (amendments to the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 ) continues to have effect.

Transitional provisions

86

(1) Any licence granted by a relevant administration before 30th November 2017 under regulation 49(1), (3), (6), (8) or (11) of the 2007 Regulations (power to grant licences) has effect from that date as a licence granted under regulation 55(1), (3), (6), (8) or (11), respectively, of these Regulations (power to grant licences).

(2) Any application for a licence under regulation 49(1), (3), (6), (8) or (11) of the 2007 Regulations (power to grant licences) which is made before 30th November 2017, and which is not withdrawn or determined before that date, is to be treated as an application made under regulation 55(1), (3), (6), (8) or (11), respectively, of these Regulations (power to grant licences).

(3) Any management scheme established by a competent authority under regulation 19 of the 2007 Regulations (management schemes for offshore marine sites) which is in force immediately before 30th November 2017 has effect from that date as if it were a management scheme established by the competent authority in question under regulation 22 (management schemes for European offshore marine sites) of these Regulations.

(4) Any authorisation of a wildlife officer under regulation 52 of the 2007 Regulations (wildlife officers) which is in force immediately before 30th November 2017 has effect from that date as if it were an authorisation granted under regulation 58 of these Regulations (wildlife officers).

(5) In this regulation, the “2007 Regulations” means the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 .

SCHEDULE 1 — EUROPEAN PROTECTED SPECIES

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