Search Legislation

The Invasive Alien Species (Enforcement and Permitting) Order 2019

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 16

 Help about opening options

Alternative versions:

Status:

There are multiple versions of this provision on screen. These apply to different geographical extents. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.

Changes to legislation:

There are currently no known outstanding effects for the The Invasive Alien Species (Enforcement and Permitting) Order 2019, Section 16. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Transitional provision for non-commercial owners: companion animalsE+W+S

This section has no associated Explanatory Memorandum

16.—(1) It is a defence to a charge of committing an offence under article 3(1) in relation to a breach of the restrictions in [F1Article 7(1)(b) (keeping), 7(1)(d) (transportation) or, in relation to introduction into Great Britain from Northern Ireland, 7(1)(a) (introduction into Great Britain)] of the Principal Regulation to show that the specimen to which the alleged offence relates—

(a)immediately before its inclusion on the [F2list of species of special concern], 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;

(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 36(2)(d) (licences for the keeping of animals by a facility); [F3or]

(b)

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) of the Principal Regulation [F4.]

(c)

F5...

relevant permit” means a permit under—

(a)

article 35 (permits for activities relating to invasive alien species) of this Order; [F3or]

(b)

any provision in legislation which applies in relation to Scotland and which enables permits to be issued in accordance with Article 8 or 9 of the Principal Regulation [F4.]

(c)

F5...

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1Words in art. 16(1) substituted (E.W.S.) (31.12.2020 immediately before IP completion day) by S.I. 2019/1220, reg. 7(4A)(a) (as inserted by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(b))

F2Words in Pt. 3 substituted (E.W.S.) (31.12.2020) by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(d), 7(2); 2020 c. 1, Sch. 5 para. 1(1)

F3Word in art. 16(4) inserted (E.W.S.) (31.12.2020) by S.I. 2019/1220, reg. 7(4A)(b)(ii) (as inserted by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(b))

F4Art. 16(4): full stop substituted for word (E.W.S.) (31.12.2020) by S.I. 2019/1220, reg. 7(4A)(b)(iii) (as inserted) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(b))

F5Words in art. 16(4) omitted (E.W.S.) (31.12.2020) by S.I. 2019/1220, reg. 7(4A)(b)(iv) (as inserted by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 7(3)(b))

Commencement Information

I1Art. 16 in force at 1.12.2019, see art. 1(1)

Transitional provision for non-commercial owners: companion animalsN.I.

16.—(1) It is a defence to a charge of committing an offence under article 3(1) in relation to a breach of the restrictions in Article 7(1)(b) (keeping) or (d) (transportation) of the Principal Regulation 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;

(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 36(2)(d) (licences for the keeping of animals by a facility);

(b)

[F6any provision corresponding to paragraphs (1) and (2)(d), read together, of article 36 which applies in relation to Scotland; or]

(c)

[F6any provision corresponding to paragraphs (1) and (2)(d), read together, of article 36 which applies in relation to Northern Ireland;]

relevant permit” means a permit under—

(a)

article 35 (permits for activities relating to invasive alien species) of this Order;

(b)

[F7any provision corresponding to article 35 which applies in relation to Scotland; or]

(c)

[F7any provision corresponding to article 35 which applies in relation to Northern Ireland;]

Extent Information

E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F6Words in art. 16(4) substituted (N.I.) (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 8(7)(a)

F7Words in art. 16(4) substituted (N.I.) (31.12.2020) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(ii), 8(7)(b)

Commencement Information

I2Art. 16 in force at 1.12.2019, see art. 1(1)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources