UK Statutory Instrument SI 2019 United Kingdom

Invasive Alien Species (Enforcement and Permitting) Order 2019

This Order gives effect to Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species (OJ No. L317, 4.11.2014, p.35) (the Principal Regulation).

Read it on legislation.gov.uk (opens in a new tab)
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 11 of 25 obligations carry up to 2 years imprisonment. 2 carry different penalties and 12 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person13 Director or Officer2 Manufacturer1

Plus 9 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties
Manufacturer — also bound by 502 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introductory provisions

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.001 Citation, commencement, extent and application (opens in a new tab)
s.002 Interpretation (opens in a new tab)
Part 2

Offences

10 of 12 sections shown
s.003 Import, keeping, breeding, purchase, release etc. of invasive alien species (opens in a new tab) Imprisonment
  • Illegal import, sale, or release of invasive alien speciesAny Person
s.004 False statements (opens in a new tab) Imprisonment
  • Provide false information to obtain an invasive species permitAny Person
s.005 Misuse of permits or licences (opens in a new tab) Imprisonment
  • Falsify or alter an invasive species permitAny Person
s.006 Compliance with permits and licences (opens in a new tab) Imprisonment
  • Breach conditions of an invasive species permit or licenceAny Person
s.007 Obstruction and deception (opens in a new tab) Imprisonment
  • Obstructing or deceiving an enforcement officerAny Person
s.008 Attempts to commit offences etc. (opens in a new tab) Imprisonment
  • Attempting or preparing to commit an invasive species offenceAny Person
s.009 Offences by bodies corporate (opens in a new tab) Imprisonment
  • Personal liability for directors and officersDirector or Officer
s.010 Offences by Scottish partnerships (opens in a new tab) Imprisonment
  • Partner liability for invasive species offences by Scottish partnershipsAny Person
s.011 Offences by partnerships and unincorporated associations (opens in a new tab) Imprisonment
  • Business partner or officer liability for invasive species offencesDirector or Officer
s.012 Application of offences in the offshore marine area (opens in a new tab) Imprisonment
  • Breach invasive species controls in offshore marine areasAny Person
2 other sections in this Part — procedural and definitional
s.013 Proceedings for offences: venue and time limits (opens in a new tab)
s.emergency measures Emergency measures
Part 2

Controls on invasive alien species in the offshore marine area

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.controls on invasive alien species in the offshore Controls on invasive alien species in the offshore marine area
Part 3

Defences

0 of 6 sections shown
6 other sections in this Part — procedural and definitional
s.014 Defences: permits and licences (opens in a new tab)
s.015 Defences: enforcement activity (opens in a new tab)
s.016 Transitional provision for non-commercial owners: companion animals (opens in a new tab)
s.017 Transitional provision for non-commercial owners: commercial stocks (opens in a new tab)
s.018 Transitional provisions for commercial stocks (opens in a new tab)
s.019 Defences: due diligence (opens in a new tab)
Part 4

Penalties

1 of 1 section shown
s.020 Penalties etc. (opens in a new tab) Imprisonment
  • Breach of invasive species controls or permit conditionsAny Person
Part 5

Enforcement

3 of 14 sections shown
s.030 Action following seizure (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must handle seized invasive species within specific timelinesStatutory regulator
s.032 Recovery of costs (opens in a new tab) Regulated
  • Pay storage and enforcement costs for detained invasive speciesManufacturer
s.033 Forfeiture (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Courts must order forfeiture of items used in invasive species offencesTribunal / Court
11 other sections in this Part — procedural and definitional
s.021 General (opens in a new tab)
s.022 Power to stop and search persons (opens in a new tab)
s.023 Power to enter and search vehicles (opens in a new tab)
s.024 Powers of entry (opens in a new tab)
s.025 Examining relevant organisms and taking samples (opens in a new tab)
s.026 Power of seizure for purposes of investigation etc. (opens in a new tab)
s.027 Power of seizure to facilitate functions of an enforcement officer (opens in a new tab)
s.028 Power to use reasonable force (opens in a new tab)
s.029 Proof of lawful import or export (opens in a new tab)
s.031 Information sharing (opens in a new tab)
s.meaning of relevant permit and relevant licence Meaning of relevant permit and relevant licence
Part 6

Civil sanctions

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.034 Civil Sanctions (opens in a new tab)
Part 7

Permits

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.035 Permits for activities relating to invasive alien species (opens in a new tab)
Part 8

Licences

1 of 1 section shown
s.036 Licences for activities relating to invasive alien species (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing authorities may grant licences for invasive species activitiesStatutory regulator
Part 9

Amendments, revocations and effect in relation to other enactments

0 of 6 sections shown
6 other sections in this Part — procedural and definitional
s.037 The Destructive Imported Animals Act 1932 (opens in a new tab)
s.038 The Customs and Excise Management Act 1979 (opens in a new tab)
s.039 The Keeping and Introduction of Fish (Wales) Regulations 2014 (opens in a new tab)
s.040 The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015 (opens in a new tab)
s.041 Amendments (opens in a new tab)
s.042 Revocations (opens in a new tab)
Part 10

Review

1 of 1 section shown
s.043 Review: England (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review invasive species regulations in EnglandCrown / Minister / Government department
Schedules

Schedules

9 of 44 shown
s.sch001 Provisions of the Principal Regulation (opens in a new tab) Regulated
  • Do not trade, keep, or release restricted invasive speciesAny Person
s.sch003 Civil sanctions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators may impose civil penalties for invasive species offencesStatutory regulator
s.sch003 Third party undertakings Regulated
  • Offer a third party undertaking to reduce enforcement actionAny Person
s.sch003 Contents of a stop notice Regulated
Other duties (1) — Crown / regulator
  • Regulators must issue complete stop notices with all required informationStatutory regulator
s.sch003 Offences Prosecution
  • Fail to comply with a stop noticeAny Person

Unlimited fine

s.sch003 Discharge of an enforcement undertaking Regulated
Other duties (1) — Crown / regulator
  • Businesses can request a certificate confirming enforcement undertaking is completeStatutory regulator
s.sch003 Non-compliance penalties Regulated
  • Fail to comply with compliance or restoration noticeAny Person
s.sch003 Recovery of enforcement costs Regulated
Other duties (1) — Crown / regulator
  • Regulator may recover enforcement costs from businesses via formal noticeStatutory regulator
s.sch003 Imposition of a variable monetary penalty Regulated
Other duties (1) — Crown / regulator
  • Regulator may impose variable monetary penalty for invasive species offencesStatutory regulator
35 other schedules
s.sch002 Animals and plants to which Articles 3(2) to (4) apply (opens in a new tab)
s.sch003 The regulator
s.sch003 Final notice
s.sch003 Contents of final notice: compliance and restoration notices
s.sch003 Contents of final notice: fixed and variable monetary penalties
s.sch003 Fixed monetary penalty: discount for early payment
s.sch003 Appeals against a final notice
s.sch003 Fixed monetary penalty: non-payment within the stated payment period
s.sch003 Criminal proceedings
s.sch003 Stop notices
s.sch003 Compliance notice
s.sch003 Appeals
s.sch003 Completion certificates
s.sch003 Compensation
s.sch003 Enforcement undertakings
s.sch003 Contents of an enforcement undertaking
s.sch003 Acceptance of an enforcement undertaking
s.sch003 Inaccurate, incomplete or misleading information
s.sch003 Non-compliance with an enforcement undertaking
s.sch003 Restoration notice
s.sch003 Appeals
s.sch003 Withdrawing or amending a notice
s.sch003 Appeals
s.sch003 Guidance as to use of civil sanctions
s.sch003 Consultation on guidance
s.sch003 Publication of enforcement action
s.sch003 Imposition of a fixed monetary penalty
s.sch003 Notice of intent
s.sch003 Combination of penalties
s.sch003 Discharge of liability – fixed monetary penalties
s.sch003 Making representations and objections
s.sch004 Amendments (opens in a new tab)
s.sch004 Wildlife and Countryside Act 1981
s.sch004 The Prohibition of Keeping of Live Fish (Crayfish) Order 1996
s.sch004 The Wildlife and Countryside Act 1981 (Prohibition on Sale etc. of Invasive Non-native Plants (England) Order 2014

Help complying

Guvnor’s practical routes through this instrument.

Ecological compliance for development projects

Learn the full lifecycle of ecological obligations when developing land, from protected species surveys and wildlife licensing through to biodiversity net gain …

Manage invasive non-native species on your land

Legal obligations for managing invasive non-native species on business premises and development sites. Covers Japanese knotweed, giant hogweed, Himalayan balsam, identification, treatment …

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.