Part 13Miscellaneous
Enforcement of legislation on endangered species
I1307Enforcement of regulations implementing F1EU legislation on endangered species
1
In this section—
“the 1972 Act” means the European Communities Act 1972 (c. 68);
“relevant F1EU instrument” means—
- a
Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating the trade therein, and
- b
Commission Regulation 1808/01/EC on the implementation of the Council Regulation mentioned in paragraph (a).
- a
2
Regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant F1EU instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on conviction on indictment with imprisonment for a term not exceeding five years.
3
In relation to Scotland and Northern Ireland, regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant F1EU instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.
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5
Until the coming into force of paragraph 3 of Schedule 27 (which amends paragraph 1 of Schedule 2 to the 1972 Act), subsection (3) has effect—
a
with the omission of the words “in relation to Scotland and Northern Ireland”, and
b
as if, in relation to England and Wales, the definition of “relevant F1EU instrument” also included Council Directive 92/43/ EEC on the conservation of natural habitats and wild fauna and flora as amended by the Act of Accession to the European Union of Austria, Finland and Sweden and by Council Directive 97/62/ EC.
6
a
as a reference to that instrument as amended from time to time, and
b
where any provision of that instrument has been repealed, as including a reference to any instrument that re-enacts the repealed provision (with or without amendment).