Non-native species: code of practice

Guidance on non-native species, approved by the Scottish Parliament. Came into effect on 2 July 2012.

Annex Relevant Legislation

Control of Pesticides Regulations ( SI 1986/1510)

Sets out restrictions on selling, supplying or storing pesticides and precautions to protect the health of humans, the environment, and particularly water, when using pesticides.

Environmental Protection Act 1990 c 43

Sets out the legal framework within England, Scotland and Wales for environmental protection in relation to control of pollution waste, contaminated land, statutory nuisance and the control of genetically modified organisms.

Control of Pesticides (Amendment) Regulations ( SI 1997/188)

Makes a number of amendments to the Control of Pesticides Regulations 1986/1510 to clarify the scope of those Regulations, including what products the Regulations apply to, the powers available to Ministers in the event of a breach of the Regulations and the right of access to information under the Regulations.

Section 33A of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 asp 15 (which came into force on 1 August 2008)

Section 33A of the 2003 Act makes it an offence for any person to intentionally introduce any live fish or spawn of any fish into inland waters, or possess such with the intention of introduction without previous written agreement of the appropriate authority (either Scottish Ministers or District Salmon Fishery Boards). The provisions apply to all introductions of freshwater fish to any inland Scottish water system. They do not apply to fish farms (including introduction of brood-stock into hatcheries) or to appropriate ornamental fish-keeping facilities.

Nature Conservation (Scotland) Act 2004 asp 6 - Biodiversity Duty

The Act provides a series of measures which are designed to conserve biodiversity and to protect and enhance the biological and geological natural heritage of Scotland, including a new general duty on public bodies to further biodiversity in exercising their functions.

Plant Health (Scotland) Order ( SSI 2005/613)

Plant Health (Forestry) Order ( SSI 2005/2517)

Plant health controls in the UK are based on the EU Plant Health Regime, the basic framework for which is in the EU Plant Health Directive 2000/29/ EC. This regime is adopted into Scottish legislation through the Plant Health (Scotland) Order 2005, and for forestry throughout Great Britain through the Plant Health (Forestry) Order 2005. The Directive and Orders set out detailed requirements for many plant species and plant pests and diseases entering or moving within the Community. They are regularly amended to keep these controls up to date.

Animal Health and Welfare (Scotland) Act 2006 asp 11

Part 1 of the Act makes provision in relation to animal health including powers to prevent the spread of diseases.

Part 2 of the Act makes a number of provisions in relation to animal welfare through the consolidation and modernisation of animal welfare legislation for Scotland.

Animals normally domesticated in the British Isles (such as dogs, cats, rabbits, horses and livestock) are protected animals for the purposes of Part 2 of the Act, as are all other animals under the control of man whether on a permanent or temporary basis, or otherwise not living in a wild state.

It is an offence under section 29 of the Act to abandon any animal for which that person is responsible if it is likely to cause unnecessary suffering or, if that person leaves that animal unattended without adequate provision for its welfare.

Environmental Liability (Scotland) Regulations ( SI 2009/266)

Sets out the mechanism by which bodies undertaking economic activity that carries a risk of damage to the environment are held responsible for preventing damage and provides that such bodies can be held liable for remedial measures.

Water Environment and Water Services (Scotland) Act 2003

The first part of the Act provides measures for protection of the water environment and sets out the duties of public bodies, such as SEPA, in this regard.

The Act created a new River Basin Management Planning ( RBMP) process to achieve environmental improvements to protect and improve Scotland's water environment in a sustainable way.

Under the Act regulatory controls over water activities have been introduced (the Water Environment (Controlled Activities) (Scotland) Regulations 2011) in order to protect, improve and promote sustainable use of Scotland's water environment. This includes wetlands, rivers, lochs, transitional waters (estuaries), coastal waters and groundwater.

Part 2 of the Act provides for the system for funding new connections to the water and sewerage infrastructure by amending the Sewerage (Scotland) Act 1968 and the Water (Scotland) Act 1980.


The Invasive Non-native Species mailbox:

Back to top