The Mink Keeping Order 1997

Statutory Instruments

1997 No. 3002

ANIMALS

DESTRUCTIVE ANIMALS

The Mink Keeping Order 1997

Approved by both Houses of Parliament

Made

17th November 1997

Laid before Parliament

19th November 1997

Coming into force

1st January 1998

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, being satisfied with respect to the non-indigenous mammalian species which are the subject of this Order that by reason of their destructive habits it is desirable to control the keeping of them and to destroy any which may be at large, acting jointly, in exercise of the powers conferred by section 10(1) of the Destructive Imported Animals Act 1932(1) and vested in them(2) and all other powers enabling them in that behalf, hereby make the following Order:

Title, commencement and duration

1.—(1) This Order may be cited as the Mink Keeping Order 1997 and shall come into force on 1st January 1998.

(2) This Order shall cease to have effect on 1st January 2001.

Interpretation

2.  In this Order—

(a) “the Act” means the Destructive Imported Animals Act 1932; and

(b) “mink” means the animal of the species Mustela vison.

Keeping of mink

3.—(1) The keeping of mink is prohibited absolutely—

(a) on any off-shore island of Great Britain other than the Isle of Wight and the Isle of Arran (including neighbouring Holy Island);

(b) in the Caithness District of the Highland Region of Scotland; and

(c) in the Sutherland District of the Highland Region of Scotland.

(2) The keeping of any mink within the remainder of Great Britain is prohibited, except under a licence granted under the Act.

Exceptions to application of the Act

4.  In the application of the Act in relation to mink, there shall be omitted section 5(2) and, in section 6(1), paragraph (f) and the reference to a penalty in the case of an offence under paragraph (f).

Elliot Morley

Parliamentary Secretary,

Ministry of Agriculture,

Fisheries and Food

17th November 1997

Sewel

Parliamentary Under Secretary of State, Scottish Office

17th November 1997

Win Griffiths

Parliamentary Under Secretary of State, Welsh Office

17th November 1997

Explanatory Note

(This note is not part of the Regulations)

This Order prohibits absolutely the keeping of mink on certain off-shore islands of Great Britain and in certain parts of the Highland Region of Scotland and prohibits the keeping of mink in the rest of Great Britain except under licence (article 3). The Order continues the prohibition imposed by the Mink Keeping Order 1992 (S.I. 1992/3324) (“the 1992 Order”), which ceases to have effect on 1st January 1998. This Order ceases to have effect on 1st January 2001 (“the expiry date”).

In consequence of the making of this Order the provisions of the Destructive Imported Animals Act 1932 will continue to apply to mink until the expiry date, subject (as under the 1992 Order) to certain exceptions relating to the duty on occupiers of land to give notice of the presence on their land of mink not kept under a licence (article 4).

No regulatory appraisal has been prepared in respect of this Order.

(1)

1932 c. 12; section 11 (interpretation) was amended by S.I. 1992/3302.

(2)

In the case of the Secretary of State for Wales, by virtue of Article 3(1) of, and paragraph 5(a) of Schedule 2 to, the Transfer of Function (Wales) Order 1969 (S.I. 1969/388).