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The Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019

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Transitional provision for non-commercial owners: companion animals

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13.—(1) It is a defence to a charge of committing an offence under Article 3(1)(a) or (c) to show that the specimen to which the alleged offence relates—

(a)immediately before its inclusion on the Union list, was kept as a companion animal; and

(b)the condition in paragraph (2) or the condition in paragraph (3) applies.

(2) The condition in this paragraph is that, at all material times—

(a)the purpose in keeping the animal was to keep it as a companion animal; and

(b)the animal was kept in contained holding and appropriate measures were in place to ensure that the animal could not reproduce or escape.

(3) The condition in this paragraph is that, at all material times—

(a)the animal was kept for the purpose of transporting it to—

(i)a facility to which a relevant licence had been granted;

(ii)an establishment to which a relevant permit had been issued; or

(iii)a place where it was to be humanely dispatched; and

(b)the animal was kept in contained holding and appropriate measures were in place to ensure that the animal could not reproduce or escape.

(4) In this Article—

“relevant licence” means a licence under—

(a)

article 29(2)(d);

(b)

article 36(2)(d) of the Invasive Alien Species (Enforcement and Permitting) Order 2019(1); or

(c)

any provision in legislation which applies in relation to Scotland and which enables licences to be granted for the keeping of an animal by a facility until the end of its natural life in accordance with Article 31(4) (transitional provisions for non-commercial owners) of the Principal Regulation.

“relevant permit” means a permit under—

(a)

article 28 (permits for activities relating to invasive alien species);

(b)

article 35 of the Invasive Alien Species (Enforcement and Permitting) Order 2019; or

(c)

any provision in legislation which applies in relation to Scotland and which enables permits to be issued in accordance with Article 8 (permits) or 9 (authorisations) of the Principal Regulation.

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