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United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 No. 609
URL: http://www.bailii.org/uk/legis/num_reg/2010/uksi_20100609_en_1.html

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The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010

Made

3rd March 2010

Laid before Parliament

9th March 2010

Laid before the National Assembly for Wales

9th March 2010

Coming into force

6th April 2010

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make the following Order in exercise of the powers conferred on them by section 22(5) of the Wildlife and Countryside Act 1981(1).

In accordance with the requirements of section 26(4)(2) of that Act, the Secretary of State and the Welsh Ministers–

(a) have given any local authority affected and any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order; and

(b) have consulted with the Joint Nature Conservation Committee, being the advisory body they considered was best able to advise them as to whether this Order should be made.

Title, commencement and extent

1. This Order–

(a) may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010:

(b) comes into force on 6th April 2010; and

(c) extends to England and Wales only.

Variation of Schedule 9

2.–(1) Schedule 9 (animals and plants to which section 14 applies)(3) to the Wildlife and Countryside Act 1981 is varied as follows.

(2) Add the following animals to Part 1 (animals which are established in the wild) –

Common name Scientific name
Boar, Wild Sus scrofa
Chough Pyrrhocorax pyrrhocorax
Corncrake Crex crex
Crab, Chinese Mitten Eriocheir sinensis
Crane, Common Grus grus
Crayfish, Red Swamp Procambarus clarkii
Crayfish, Spiny-cheek Orconectes limosus
Deer, Chinese Water Hydropotes inermis
Flatworm Kontikia andersoni
Flatworm Kontikia ventrolineata
Flatworm, Australian Australoplana sanguinea
Goose, Bar-headed Anser indicus
Goose, Barnacle Branta leucopsis
Goose, Emperor Anser canagicus
Goose, Snow Anser caerulescens
Goshawk Accipiter gentilis
Kite, Red Milvus milvus
Limpet, Slipper Crepidula fornicata
Owl, Eagle Bubo bubo
Oyster Drill, American Urosalpinx cinerea
Parakeet, Monk Myiopsitta monachus
Pochard, Red-crested Netta rufina
Shelduck, Ruddy Tadorna ferruginea
Swan, Black Cygnus atratus.

(3) Remove the following animals from Part 1 –

Common name Scientific name
Budgerigar Melopsittacus undulatus
Coypu Myocastor coypus

With respect to the Outer Hebrides and the islands of Arran, Islay, Jura and Rum –

(a) Deer, Cervus (all species)

(b) Deer, any hybrid one of whose parents or

other lineal ancestor was a species of

Cervus Deer

Cervus

Any hybrid of the genus Cervus

Gerbil, Mongolian Meriones unguiculatus
Porcupine, Crested Hystrix cristata
Porcupine, Himalayan Hystrix hodgsonii
Quail, Bobwhite Colinus virginianus.

(4) Add the following plants to Part 2 (plants) –

Common name Scientific name
Alexanders, Perfoliate Smyrnium perfoliatum
Algae, Red Grateloupia luxurians
Archangel, Variegated Yellow Lamiastrum galeobdolon subsp. argentatum
Azalea, Yellow Rhododendron luteum
Balsam, Himalayan Impatiens glandulifera
Cotoneaster Cotoneaster horizontalis
Cotoneaster, Entire-leaved Cotoneaster integrifolius
Cotoneaster, Himalayan Cotoneaster simonsii
Cotoneaster, Hollyberry Cotoneaster bullatus
Cotoneaster, Small-leaved Cotoneaster microphyllus
Creeper, False Virginia Parthenocissus inserta
Creeper, Virginia Parthenocissus quinquefolia
Dewplant, Purple Disphyma crassifolium
Fanwort (otherwise known as Carolina Water-Shield) Cabomba caroliniana
Fern, Water Azolla filiculoides
Fig, Hottentot Carpobrotus edulis
Garlic, Three-cornered Allium triquetrum
Hyacinth, Water Eichhornia crassipes
Knotweed, Giant Fallopia sachalinensis
Knotweed, Hybrid Fallopia japonica x Fallopia sachalinensis
Knotweed, Japanese Fallopia japonica
Leek, Few-flowered Allium paradoxum
Lettuce, Water Pistia stratiotes
Montbretia Crocosmia x crocosmiiflora
Parrot´s Feather Myriophyllum aquaticum
Pennywort, Floating Hydrocotyle ranunculoides
Potato, Duck Sagittaria latifolia
Primrose, Floating Water Ludwigia peploides
Primrose, Water Ludwigia grandiflora
Primrose, Water Ludwigia uruguayensis
Rhododendron Rhododendron ponticum
Rhododendron Rhododendron ponticum x Rhododendron maximum
Rhubarb, Giant Gunnera tinctoria
Rose, Japanese Rosa rugosa
Salvinia, Giant Salvinia molesta
Seafingers, Green Codium fragile
Stonecrop, Australian Swamp (otherwise known as New Zealand Pygmyweed) Crassula helmsii
Waterweed, Curly Lagarosiphon major
Waterweeds All species of the genus Elodea.

(5) Remove the following plants from Part 2 –

Common name Scientific name
Knotweed, Japanese Polygonum cuspidatum
Seafingers, Green Codium fragile tomentosoides.

Huw Irranca-Davies

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

26th February 2010

Jane Davidson

Minister for Environment, Sustainability and Housing

One of the Welsh Ministers

3rd March 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which extends to England and Wales, varies Schedule 9 to the Wildlife and Countryside Act 1981 (c. 69), which lists animals which may not be released or allowed to escape into the wild and plants which may not be planted or otherwise caused to grow in the wild.

Article 2(2) adds twenty-four new entries to Part 1 (animals which are established in the wild) of Schedule 9, and article 2(3) removes eight existing entries from that Part.

Article 2(4) adds thirty-nine new entries to Part 2 (plants) of Schedule 9. Amongst these, the new entry for Japanese Knotweed under the scientific name "Fallopia japonica" replaces the former entry for it which used the scientific name "Polygonum cuspidatum" (and which is now removed by article 2(5)); and the new entry for Green Seafingers under the scientific name "Codium fragile" replaces that (again removed by article 2(5)) for only its sub-species "Codium fragile tomentosoides".

A full impact assessment of the effect this instrument will have on the costs of business and the voluntary sector is available at www.defra.gov.uk and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

(1)

1981 c. 69. The functions of the Secretary of State under section 22, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and were subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). Back [1]

(2)

The functions of the Secretary of State under section 26(4) , so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and were subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006. For the definition of "advisory body" see section 23 of the Wildlife and Countryside Act 1981. Back [2]

(3)

As previously varied by S.I. 1992/320, 2674, 1997/226, 1999/1002. Back [3]



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