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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/2005/20051674.html

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STATUTORY INSTRUMENTS

2005 No. 1674

WILDLIFE

The Control of Trade in Endangered Species (Enforcement) (Amendment) Regulations 2005

  Made 24th June 2005 
  Laid before Parliament 27th June 2005 
  Coming into force 21st July 2005 

The Secretary of State, in exercise of the powers conferred upon her by subsection (2) of section 2 of the European Communities Act 1972 [1], being the Minister designated [2] for the purposes of that subsection in relation to the regulation and control, in the interests of conservation, of the import, export, landing, keeping, transportation and commercial display of, and trade in and disposal of, fauna and flora (including their parts and derivatives) and in relation to anything supplemental or incidental to those matters, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Control of Trade in Endangered Species (Enforcement) (Amendment) Regulations 2005 and shall come into force on 21st July 2005.

Interpretation
     2. In these Regulations, "the 1997 Regulations" means the Control of Trade in Endangered Species (Enforcement) Regulations 1997[3].

Amendment of the 1997 Regulations
     3. For regulation 8 of the 1997 Regulations there shall be substituted the following regulation–


Jim Knight
Parliamentary Under-Secretary of State Department for Environment, Food and Rural Affairs

24th June 2005


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Control of Trade in Endangered Species (Enforcement) Regulation 1997 (S.I. 1997/1372). As was the case with the 1997 Regulations before amendment, these Regulations create a number of criminal offences in relation to Article 8 of Council Regulation No. 338/97 ("the Principal Regulation"), in particular, they create offences related to the purchase and sale of specimens listed in Annex A of the Principal Regulation or of specimens listed in Annex B which have been imported or acquired unlawfully. As provided by section 307 of the Criminal Justice Act, these Regulations increase the penalties that apply for offences related to commercial activity involving Annex A and B specimens.

Notes:

 [1] 1972 c.68 Modifications of section 2(2) and paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 relevant to these regulations have been made by section 307 of the Criminal Justice Act 2003 (c.44). As regards Scotland, see also section 57(1) of the Scotland Act 1998 (c.46) which provides that, despite the transfer to the Scottish Ministers by virtue of that Act of functions in relation to observing and implementing obligations under Community law, any function of a Minister of the Crown in relation to any matter shall continue to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972.back

[2] S.I. 1985/956.back

[3] S.I 1997/1372.back


ISBN 0 11 073004 6


 © Crown copyright 2005

Prepared 30 June 2005

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URL: http://www.bailii.org/uk/legis/num_reg/2005/20051674.html