Commentary on Sections Part 4 – Environmental Control of Animal and Plant Species Part 5 - Supplementary
122.Paragraph 25(1) provides that the Secretary of State and the Welsh Ministers may make arrangements separately or jointly to compensate an owner in respect of financial loss resulting from a species control agreement or order, or the exercising of the powers of entry.
123.Paragraph 26 requires the Secretary of State to issue a code of practice for species control agreements and orders in relation to England and sets out what must be contained in it, including the appropriate standards of animal welfare that should be met in respect of species control operations. Paragraph 26(4) ensures the Secretary of State carries out a public consultation before issuing, revising or replacing the code of practice. Paragraph 26(5)(a) requires of the Secretary of State to ensure that the code of practice is publicised appropriately so that those people with a likely interest are made aware of it. Paragraph 26(5)(b) requires the Secretary of State to lay a copy of the code before Parliament.
124.Paragraph 27 imposes similar requirements on the Welsh Ministers as those on the Secretary of State in relation to a code of practice.
125.Paragraph 28(1) provides that a person is not liable to civil or criminal proceedings merely for a breach of the code. Paragraph 28(2) enables the code to be admissible in evidence in any civil proceedings. Where it appears to the court to be relevant, it must be taken into account in any such proceedings.
126.Subsections (4) to (6) of the section are consequential amendments disapplying certain sections in the Wildlife and Countryside Act 1981 to these provisions.