Ivory Act 2018

38 Meaning of other expressions U.K.

(1) In this Act—

• “accredited civilian officer” has the meaning given by section 22(2);

• “the appropriate court” has the meaning given by section 30(8);

• “the appropriate national authority” has the meaning given by section 39(2) and (3);

• “dealing” has the meaning given by section 1(2) to (4);

• “designated customs official” means a person—

  (a)

  designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009, or

  (b)

  designated as a customs revenue official under section 11(1) of that Act;

• “designated NCA officer” means a National Crime Agency officer designated under section 10 of the Crime and Courts Act 2013 as a person having either or both of the following—

  (a)

  the powers and privileges of a constable;

  (b)

  the powers of an officer of Revenue and Customs;

• “exemption certificate” has the meaning given by section 2(1);

• “justice” means—

  (a)

  in England and Wales, a justice of the peace;

  (b)

  in Scotland, a sheriff or summary sheriff or a justice of the peace;

  (c)

  in Northern Ireland, a lay magistrate;

• “the Northern Ireland department” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

• “police officer” has the meaning given by section 30(8);

• “police or customs officer” has the meaning given by section 14(4);

• “pre-1918”, “pre-1947” and “pre-1975” are to be read in accordance with subsections (2) and (3);

• “premises” has the meaning given by section 17(7);

• “prescribed institution” has the meaning given by section 2(5);

• “the prohibition” means the prohibition in section 1;

• “relevant evidence” has the meaning given by 14(4);

• “relevant offence” has the meaning given by 14(4);

• “search warrant” means a warrant under section 17;

• “vessel” is to be read in accordance with subsection (4).

(2) An item that is made of ivory, or has ivory in it, is “pre-1918”, “pre-1947” or “pre-1975” if the item was made before the relevant date (see subsection (3)) and either—

(a) no ivory was added to the item on or after the relevant date, or

(b) any ivory added to the item on or after the relevant date—

(i) was taken from its animal source before 1 January 1975, and

(ii) was added to the item for the purpose of restoring it.

(3) The “relevant date” is—

(a) 1 January 1918 for a pre-1918 item;

(b) 3 March 1947 for a pre-1947 item;

(c) 1 January 1975 for a pre-1975 item.

(4) A reference to a vessel includes a reference to—

(a) a ship or boat or any other description of vessel used in navigation, and

(b) a hovercraft, submersible craft or other floating craft,

but does not include a reference to anything that permanently rests on, or is permanently attached to, the sea bed.

Commencement Information

I1 S. 38 in force at 1.2.2022 for specified purposes by S.I. 2022/93, reg. 3(k)

I2 S. 38 in force at 24.2.2022 in so far as not already in force by S.I. 2022/93, reg. 3(k)