A presentation on legislation in Scotland regulating invasive non-native (plant and animal) species. The presentation examines the causes and nature of the problem, lists examples of INNS, discusses the Wildlife and Countryside Act 1981 and the changes made under the Wildlife and Natural Environment (Scotland) Act 2011.

1. I’m A Cecropia, Get Me Out
Of Here
Robert Sutherland, Advocate
Terra Firma Chambers

2. I’m A Cecropia,
Get Me Out Of Here
Shirley Clelland, South Lanarkshire Council
Photo Copyright, letsrecycle.com and Viridor

3. I’m A Cecropia,
Get Me Out Of Here
The Problem
• Botanic collections
• Climate change
• Travel
• Commercial exploitation of species
• Unintended importation
• Rhodenendron, crayfish, mussels, mink,
Japanese knotweed, grey squirrels

4. I’m A Cecropia,
Get Me Out Of Here
The Problem
• 40% of worldwide animal extinctions since
17th Century attributable to INNS
• Increasing trend for invasive species to
spread
• Annual GB cost = £1.7bn
• Annual Scottish cost = £244.7m
• Uists Hedgehog programme = £1.3m +

5. I’m A Cecropia,
Get Me Out Of Here
The Present
• Wildlife and Countryside Act 1981
– An offence to release or allow to escape into
the wild any animal of a kind not ordinarily
resident in nor a regular visitor to GB in a wild
state, or included in Part I of Schedule 9
– An offence to plant or grow in the wild any
plant included in Part II of Schedule 9
(Section 14)

6. I’m A Cecropia,
Get Me Out Of Here
The Present
• Wildlife and Countryside Act 1981
– Section 14 amended in 2004 to include
hypbrid plants and animals
– An offence to allow a Schedule 9 animal to
be released or allowed to escape
– Section 14A – an offence to sell
– Section 14B – Guidance
– Section 16 – Licensing regime

7. I’m A Cecropia,
Get Me Out Of Here
The Present
• River Basin Management Plans
• Rural Development Contracts (Rural
Priorities) (Scotland) Regulations 2008
• Species Action Framework (2007)
• Invasive Non-native Species Framework
Strategy for Great Britain (2008)

8. I’m A Cecropia,
Get Me Out Of Here
The Future
• Wildlife and Natural Environment
(Scotland) Act 2011
– an offence to release or allow to escape from
captivity any animal to a place outwith its
native range, or any type of animal of a type
specified by an order of the Scottish
Ministers
(Section 14(1)(a))

9. I’m A Cecropia,
Get Me Out Of Here
The Future
• Wildlife and Natural Environment
(Scotland) Act 2011
– An offence to cause any animal outwith the
control of any person to be at a place outwith
its native range
– Exception to S14(1) for common pheasant
and red-legged partridge, and others
specified by Order (Section 14(2A) and (2B))

10. I’m A Cecropia,
Get Me Out Of Here
The Future
• Wildlife and Natural Environment
(Scotland) Act 2011
– An offence to keep, possess, or control any
invasive animal or plant specified by Order
(Section 14ZC)
– An offence to sell, offer or expose for sale
any invasive animal or plant specified
(Section 14A)

11. I’m A Cecropia,
Get Me Out Of Here
The Future
• Wildlife and Natural Environment
(Scotland) Act 2011
– Definitions – Section 14P
– Licensing of a prohibited activity – Sections
16 and 16A

12. I’m A Cecropia,
Get Me Out Of Here
The Future
• Wildlife and Natural Environment
(Scotland) Act 2011
– Duty to notify the presence of specified
invasive animals or invasive plants outwith
their native range
(Section 14B)
– Code of Practice – has evidential effect
(Section 14C)

13. I’m A Cecropia,
Get Me Out Of Here
The Future
• Wildlife and Natural Environment
(Scotland) Act 2011
– Species Control Orders – Sections14D - 14O
• Defined – Section 14F
• What can and cannot be done
• Made by a ‘relevant body’
• 42 day period to reach agreement first
• Emergency Species Control Order

14. I’m A Cecropia,
Get Me Out Of Here
The Future
• Wildlife and Natural Environment
(Scotland) Act 2011
– Species Control Orders – Sections14D - 14O
• Effective 28 days after giving notice, unless an
emergency control order
• Fine and/or imprisonment
• Right of appeal to sheriff – 28 days from notice
• Powers to enter premises

15. I’m A Cecropia,
Get Me Out Of Here
Border Raiders
• Wildlife and Countryside Act 1981
– Differences in English/Scottish provisions
since 2004
– England – updating Schedule 9
– Scotland - Schedule 9 not applicable
following implementation of 2011 Act
– Differences increasing

16. I’m A Cecropia,
Get Me Out Of Here
Border Raiders
• Cecropia peltata
– ‘... rapidly invades disturbed areas, such as
forest canopy gaps, roadsides, lava flows,
agricultural sites, urban locations, and other
disturbed areas .... It may be replacing, or
competing with, other native pioneer species
in some locations.’
ISSG Global Invasive Species Database

17. I’m A Cecropia, Get Me Out
Of Here
Robert Sutherland, Advocate
Terra Firma Chambers