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(5) Subsection (1) does not affect any other power of the Secretary of State to
provide financial assistance.

(6) Subsection (1)(b) does not authorise the Secretary of State to provide financial
assistance that he or she may provide under section 6 of the Railways Act 2005
5(financial assistance relating to rail services).

(7) In section 17(1)(e) of the Ministry of Transport Act 1919 (power to make
advances for the promotion and improvement of transport services by land or
water), after “by land” insert “in Wales”.

Supplemental and general

16 10Transfer of additional functions

(1) The Secretary of State may by regulations provide that a transferable function
of the Secretary of State, other than an excluded function, is transferred to a
strategic highways company.

(2) A transferable function is a function under any enactment which relates to—

(a) 15highways;

(b) planning.

(3) An excluded function is a function which—

(a) is exercisable by statutory instrument;

(b) relates to giving consent (however expressed) to the proposed exercise
20of a function by any other—

(i) highway authority (within the meaning of the Highways Act
1980);

(ii) traffic authority (within the meaning of the Road Traffic
Regulation Act 1984).

(4) 25Regulations under this section may provide for the function to be exercisable—

(a) concurrently with the Secretary of State;

(b) only with the consent of the Secretary of State;

(c) subject to such other conditions as the Secretary of State considers
appropriate.

(5) 30Regulations under this section may amend, repeal, revoke or otherwise modify
the application of any enactment (but, in the case of an Act, only if the Act was
passed before the end of the Session in which this Act is passed).

17 Consequential and transitional provision etc

(1) The Secretary of State may by regulations make—

(a) 35consequential, supplementary or incidental provision, or

(b) transitional or transitory provision or savings,

in connection with an order under section 1 or any other provision made by or
under this Part.

(2) Regulations under this section may amend, repeal, revoke or otherwise modify
40the application of any enactment (but, in the case of an Act, only if the Act was
passed before the end of the Session in which this Act is passed).

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18 Interpretation of Part 1

In this Part—

Part 2 Powers of British Transport Police Force

19 10Powers of British Transport Police Force

(1) In section 100 of the Anti-terrorism, Crime and Security Act 2001 (jurisdiction
of transport police)—

(a) in subsection (2)(b), after “personal injury” insert “or damage to
property”, and

(b) 15omit subsection (3)(a).

(2) In section 172 of the Road Traffic Act 1988 (duty to give information as to
identity of driver etc in certain circumstances), in subsection (2)(a), after “chief
officer of police” insert “or the Chief Constable of the British Transport Police
Force”.

20Part 3 Environmental control of animal and plant species

20 Environment control of animal and plant species

(1) The Wildlife and Countryside Act 1981 is amended as follows.

(2) In section 14 (introduction of new species etc), after subsection (4) insert—

(4A) 25Schedule 9A contains provision about species control agreements and
orders and related matters.

(3) After Schedule 9 insert—

Section 14(4A)

Schedule 9A Species control agreements and orders (England and Wales)

Part 1 30Overview and interpretation
Overview

1 (1) This Schedule provides for—

(a) species control agreements between environmental
authorities and owners of premises, and

(b) 35species control orders made by environmental authorities,

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and for related matters.

(2) A species control agreement or species control order may relate to—

(a) an invasive non-native species of animal or plant, or

(b) a species of animal that is no longer normally present in Great
5Britain.

This is subject to the other provisions of this Schedule.

(3) The following definitions apply for the purposes of this Schedule.

Invasive non-native species

2 (1) “Species” means any kind of animal or plant.

(2) 10A species is “invasive” if, uncontrolled, it would be likely to have a
significant adverse impact on—

(a) biodiversity,

(b) other environmental interests, or

(c) social or economic interests.

(3) 15A species is “non-native” if—

(a) it is listed in Part 1 or 2 of Schedule 9, or

(b) in the case of a species of animal, it is a species—

(i) whose natural range does not include any part of
Great Britain, and

(ii) 20which has been introduced into Great Britain or is
present in Great Britain because of other human
activity.

(4) References to a species being “present” on premises include its being
present at any stage in its life-cycle (for example, as eggs or seeds).

25Species that are no longer normally present in Great Britain

3 A species of animal is “no longer normally present in Great Britain”
if—

(a) it is a species listed in Part 1B of Schedule 9, or

(b) it is a species—

(i) 30whose natural range includes all or any part of Great
Britain, and

(ii) which has ceased to be ordinarily resident in, or a
regular visitor to, Great Britain in a wild state.

Environmental authorities

4 (1) 35“Environmental authority”, in relation to premises in England,
means—

(a) the Secretary of State,

(b) the Environment Agency,

(c) Natural England, and

(d) 40the Forestry Commissioners.

(2) “Environmental authority”, in relation to premises in Wales,
means—

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(a) the Welsh Ministers, and

(b) the Natural Resources Body for Wales.

Owners and dwellings

5 (1) “Owner”, in relation to premises consisting of land, means—

(a) 5a person, other than a mortgagee not in possession, who is for
the time being entitled to dispose of the fee simple of the land,
whether in possession or reversion, or

(b) a person in possession under a lease.

(2) “Dwelling” means a building or structure, or part of a building or
10structure, occupied wholly or mainly as a dwelling.

Operations

6 (1) “Species control operations” are operations to do one or more of the
following—

(a) eradicate a species from premises;

(b) 15control a species on premises;

(c) prevent a species from returning to premises.

(2) References to “carrying out” operations include arranging for
operations to be carried out.

Part 2 20Species control agreements
Making of species control agreements

7 (1) An environmental authority may enter into a “species control
agreement” with an owner of any premises where the authority
considers that there is present on the premises—

(a) 25an invasive non-native species, or

(b) a species of animal that is no longer normally present in Great
Britain.

(2) Under a species control agreement the parties agree to the carrying
out of species control operations.

(3) 30Before entering into a species control agreement with an owner, an
environmental authority must be satisfied that—

(a) the provisions of the agreement are proportionate to the
objective to be achieved, and

(b) in a case where there is more than one owner, the owner with
35whom the agreement is entered into is the most appropriate
one.

(4) Before entering into a species control agreement relating to animals
of a species that is no longer normally present in Great Britain, the
environmental authority must also be satisfied that—

(a) 40the animals are present on the premises otherwise than under
and in accordance with the terms of a licence under section
16(4)(c),

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(b) the animals on the premises are having a significant adverse
impact on—

(i) biodiversity,

(ii) other environmental interests, or

(iii) 5social or economic interests, and

(c) there is no appropriate alternative way of obviating that
impact.

(5) A species control agreement may not be entered into in relation to
premises consisting of a dwelling except where the environmental
10authority is the Secretary of State or the Welsh Ministers.

Content of species control agreements

8 (1) A species control agreement must provide for—

(a) the species control operations to be carried out,

(b) the party who is to carry them out, and

(c) 15the time by which they are to be carried out.

(2) A species control agreement may contain such supplementary
provision as the parties consider appropriate.

(3) That may include provision as to—

(a) how species control operations are to be carried out,

(b) 20payment to be made by either party to the other, or to another
person, in respect of the species control operations to be
carried out, or

(c) any species control operations that must not be carried out.

Liability

9 25An environmental authority is not liable to a person with an interest
in the premises, other than the owner with whom a species control
agreement is entered into, for anything done by the authority
pursuant to the agreement.

Part 3 30Species control orders
When a species control order may be made

10 (1) An environmental authority may make a species control order in
relation to premises if—

(a) it considers that there is present on the premises—

(i) 35an invasive non-native species, or

(ii) a species of animal that is no longer normally present
in Great Britain, and

(b) any of the following circumstances apply.

(2) The circumstances are—

(a) 40the environmental authority considers that an owner has
failed to comply with a species control agreement entered
into with the environmental authority and, having been

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given notice to that effect and a reasonable opportunity to
rectify the failure, has not done so;

(b) the environmental authority has offered to enter into a
species control agreement with an owner but—

(i) 5the owner has refused to enter into any kind of
species control agreement, or

(ii) no species control agreement has been entered into in
respect of the premises by the end of the period of 42
days beginning with the day after the offer was made
10and the authority considers it unlikely that the owner
will enter any kind of such agreement;

(c) the environmental authority considers that the making of the
order is urgently necessary;

(d) the environmental authority has been unable to identify an
15owner, having—

(i) placed on the premises a conspicuous notice of its
desire to enter into a species control agreement, and

(ii) waited for 5 days after the day on which the notice
was placed.

(3) 20Before making a species control order, an environmental authority
must be satisfied that the provisions of the order are proportionate to
the objective to be achieved.

(4) Before making a species control order relating to animals of a species
that is no longer normally present in Great Britain, the
25environmental authority must also be satisfied that—

(a) the animals are present on the premises otherwise than under
and in accordance with the terms of a licence under section
16(4)(c),

(b) the animals on the premises are having a significant adverse
30impact on—

(i) biodiversity,

(ii) other environmental interests, or

(iii) social or economic interests, and

(c) there is no appropriate alternative way of obviating that
35impact.

(5) A species control order may not be made in relation to premises
consisting of a dwelling except by the Secretary of State or the Welsh
Ministers.

What an order must do

11 (1) 40A species control order under paragraph 10(2)(a) or (b) (failure to
comply with or enter into agreement) must contain provision—

(a) requiring the owner specified in that paragraph to carry out
species control operations, or

(b) stating that the environmental authority proposes to carry
45out species control operations,

or both.

(2) A species control order under paragraph 10(2)(c) (emergency) must
contain provision—

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(a) requiring any owner of the premises specified in the order to
carry out species control operations, or

(b) stating that the environmental authority proposes to carry
out species control operations,

5or both.

(3) A species control order under paragraph 10(2)(d) (no identifiable
owner) must contain provision stating that the environmental
authority proposes to carry out species control operations.

12 (1) A species control order must—

(a) 10specify the species to which the order relates,

(b) specify the species control operations to be carried out,

(c) specify the time by which the species control operations must
be carried out or (as the case may be) the time by which they
are proposed to be carried out by the authority, and

(d) 15if appropriate, include a map of the premises to which the
order relates.

(2) Unless it is made under paragraph 10(2)(c) (emergency), a species
control order—

(a) may not require an owner of premises to carry out species
20control operations, or provide for an environmental
authority to carry out species control operations, before the
end of the period in which an appeal may be made (see
paragraph 16), and

(b) must provide that if an appeal is made within that period, the
25owner need not carry out the operations, or the
environmental authority shall not carry out the operations,
before the appeal is withdrawn or finally determined.

What an order may do

13 (1) A species control order may contain provision supplementary to that
30specified in paragraphs 11 and 12.

(2) That may include provision as to—

(a) how species control operations are to be carried out;

(b) payment to be made by the environmental authority to—

(i) an owner, in respect of the reasonable costs of
35operations to be carried out by the owner, or

(ii) another person, in respect of the reasonable costs of
operations to be carried out by an owner;

(c) payment that an owner must make in respect of the
reasonable costs of species control operations to be carried
40out by the environmental authority;

(d) species control operations that an owner must not carry out;

(e) who will carry out species control operations for the
environmental authority.

Notice

14 (1) 45After making a species control order, an environmental authority
must forthwith give notice of it to—

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(a) all owners of the premises of whom the environmental
authority is aware,

(b) the Secretary of State, if the environmental authority is the
Environment Agency, Natural England or the Forestry
5Commissioners, and

(c) the Welsh Ministers, if the environmental authority is the
Natural Resources Body for Wales.

(2) In the case of an order under paragraph 10(2)(d) (no identifiable
owner), the environmental authority must also give notice of the
10order by placing it on the premises conspicuously.

(3) Notice under this paragraph must include—

(a) reasons for making the species control order, and

(b) reasons for any requirement imposed by it on an owner.

Revocation

15 (1) 15An environmental authority may at any time revoke a species control
order made by it.

This does not stop it from making another one in respect of the same
premises.

(2) Notice of revocation must be given as specified in paragraph 14 (but
20reasons need not be given).

Appeals

16 (1) An owner of premises in relation to which a species control order is
made may appeal to the First-tier Tribunal against—

(a) the making of the order, or

(b) 25any provision of the order.

(2) The First-tier Tribunal may—

(a) affirm the order,

(b) direct the environmental authority which made the order to
revoke or amend it,

(c) 30in the case of an order under paragraph 10(2)(c) (emergency),
suspend the order, or

(d) make such other order as the Tribunal thinks fit.

Notice of compliance

17 Where an environmental authority considers that an owner of
35premises has complied with all the requirements in a species control
order to carry out species control operations, the authority must give
the owner notice to that effect.

Enforcement

18 (1) This paragraph applies where an environmental authority considers
40that an owner of premises required by a species control order to
carry out a species control operation has not done so by the date or
in the way specified in the order.

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(2) The authority must give the owner notice to that effect.

(3) Sub-paragraphs (4) to (6) apply if, after a week after giving notice
under sub-paragraph (2), the authority considers that the owner has
still not carried out the species control operation in the way specified
5in the order.

(4) The authority may carry out the operation itself or carry out such
further work as is necessary to ensure that the operation is carried
out in the way specified in the order.

(5) The authority may recover from the owner any expenses reasonably
10incurred by it in doing so (less any payment which the authority
would apart from this paragraph have been required to make to the
owner in respect of the carrying out of the operations by the owner).

(6) The authority is not required to make any payment provided for
under paragraph 13(2)(b) in relation to the operation (and may
15recover any payment made under that paragraph).

Offences

19 (1) A person who, without reasonable excuse, fails to comply with a
requirement imposed on that person by a species control order
commits an offence.

(2) 20A person who intentionally obstructs a person from carrying out an
operation required or proposed under a species control order
commits an offence.

(3) A person guilty of an offence under sub-paragraph (1) or (2) is liable
on summary conviction to imprisonment for a term not exceeding 51
25weeks, or a fine, or both.

(4) In relation to an offence committed before section 281(5) of the
Criminal Justice Act 2003 comes into force, the reference in sub-
paragraph (3) to 51 weeks is to be read as a reference to 6 months.

(5) In relation to an offence committed before section 85 of the Legal Aid,
30Sentencing and Punishment of Offenders Act 2012 comes into force,
the reference in sub-paragraph (3) to a fine is to be read as a reference
to a fine not exceeding £40,000.

Liability

20 (1) An owner of premises is not liable to any other person for doing
35anything required to be done by a species control order.

(2) An environmental authority is not liable to a person with an interest
in premises for anything done—

(a) by an owner pursuant to a requirement included in a species
control order, or

(b) 40by the authority pursuant to—

(i) provision included in a species control order under
paragraph 11(1)(b), (2)(b) or (3), or

(ii) paragraph 18(4).

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Part 4 Powers of entry
Powers of entry

21 (1) A person who is authorised to do so may enter any premises to—

(a) 5assist an environmental authority to determine whether to
offer to enter into a species agreement with a person,

(b) assist an environmental authority to determine whether to
make or revoke a species control order,

(c) investigate suspected non-compliance with a species control
10agreement or a species control order,

(d) carry out species control operations for an environmental
authority under a species control order,

(e) place a notice as specified in paragraph 10(2)(d)(i) or 14(2) (no
identifiable owner), or

(f) 15carry out species control operations or work pursuant to
paragraph 18(4).

This is subject to the other provisions of this Schedule.

(2) A person may not enter premises under sub-paragraph (1)(a) or (b)
with a view to establishing whether a species is present unless the
20environmental authority has reasonable grounds for suspecting that
it is.

Authorisation by justice of the peace

22 (1) To enter premises under paragraph 21 a person must be authorised
by a warrant issued by a justice of the peace where—

(a) 25the premises consist of a dwelling or a garden, yard,
outbuildings or other land used or enjoyed wholly with a
dwelling,

(b) admission to the premises has been refused by an owner or
refusal is reasonably apprehended,

(c) 30the premises are unoccupied,

(d) the owner is temporarily absent,

(e) giving notice would defeat the purpose of entry,

(f) entry is to carry out species control operations for an
environmental authority under an order under paragraph
3510(2)(c) (emergency),

(g) entry is to carry out species control operations for an
environmental authority under an order under paragraph
10(2)(d) (no identifiable owner),

(h) entry is to place a notice as specified in paragraph 10(2)(d)(i)
40or 14(2), or

(i) entry is to carry out operations or work pursuant to
paragraph 18(4) which the environmental authority
considers to be urgently necessary.

(2) A justice of the peace may not grant a warrant—

(a) 45in the circumstances in sub-paragraph (1)(a) to (d) unless
satisfied that reasonable notice of the proposed entry has

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