http://www.legislation.gov.uk/nisr/2019/159/article/13The Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019enEUROPEAN UNION;ENVIRONMENTAL PROTECTION, WILDLIFEStatute Law Database2022-11-15Expert Participation2019-12-01 This Order gives effect to Regulation (EU) No. 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species therein (OJ L31/35, 4.11.2014)(“the Principal Regulation”) and of Commission Implementation Regulation (EU) No. 2016/1141 (OJ L189/4, 14.7.2016) adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No. 1143/2014. PART 3 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— article 29(2)(d); article 36(2)(d) of the Invasive Alien Species (Enforcement and Permitting) Order 2019; or 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— article 28 (permits for activities relating to invasive alien species); article 35 of the Invasive Alien Species (Enforcement and Permitting) Order 2019; or 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. S.I. 2019/527 Art. 13 in operation at 1.12.2019, see art. 1(1)