Ivory Act 2018

37 Meaning of “ivory”

(1) In this Act (apart from this section) “ivory” means ivory from the tusk or tooth of an elephant.

(2) Regulations made by the appropriate national authority may amend subsection (1) so as to include ivory from an animal or species (whether extant or not) that is not for the time being covered by that subsection.

(3) A statutory instrument containing regulations made by the Secretary of State under subsection (2) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.

(4) A statutory instrument containing regulations made by the Welsh Ministers under subsection (2) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before the National Assembly for Wales and approved by a resolution of the Assembly.

(5) Regulations made by the Scottish Ministers under subsection (2) are subject to the affirmative procedure.

(6) Regulations made by the Northern Ireland department under subsection (2) may not be made unless a draft of the instrument has been laid before the Northern Ireland Assembly and approved by a resolution of the Assembly.

(7) In any proceedings under this Act, any material that is proved to be ivory from an animal is presumed to be ivory from an elephant unless the material is proved to be not from an elephant.

(8) In this section “elephant” means an animal of a species that is—

(a) within the family Elephantidae, and

(b) extant on the day on which this Act is passed.