The Invasive Alien Species (Enforcement and Permitting) Order 2019

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

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 [F1 Article 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 [F2 list 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); [F3 or]

(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; [F3 or]

(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

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Words 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))

F2 Words 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)

F3 Word 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))

F4 Art. 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))

F5 Words 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

I1 Art. 16 in force at 1.12.2019, see art. 1(1)

Transitional provision for non-commercial owners: companion animals N.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)

[F6 any provision corresponding to paragraphs (1) and (2)(d), read together, of article 36 which applies in relation to Scotland; or]

(c)

[F6 any 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)

[F7 any provision corresponding to article 35 which applies in relation to Scotland; or]

(c)

[F7 any provision corresponding to article 35 which applies in relation to Northern Ireland;]

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F6 Words 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)

F7 Words 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

I2 Art. 16 in force at 1.12.2019, see art. 1(1)