The Ivory Act 2018 (Commencement No. 2 and Transitional Provision) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force specified provisions of the Ivory Act 2018 (c.30) (‘the Act’). The Act prohibits all dealing in ivory, subject to the exemptions set out in sections 2 and 6 to 9.

These Regulations bring into force the sections of the Act dealing with the prohibition and offences (sections 1, 12, 35 and 36) and associated investigatory, forfeiture and enforcement powers (sections 13 to 34 and Schedule 1, with the exception of Part 4 of that Schedule) and Schedule 2 (search warrants: England and Wales and Northern Ireland).

Regulation 2 brings section 1 (prohibition on dealing in ivory) fully into force on 6th June 2022.

Regulation 3 brings into force section 12 (offence of breaching the prohibition or causing or facilitating a breach) and section 13 (civil sanctions) (together with paragraphs 1 to 3, 5 to 8, 10, 14 to 18, 21, 22 and 25 of Schedule 1) on 15th March 2022, for the purposes only of making regulations or preparing and publishing guidance, and on 6th June 2022 for all other purposes.

Regulation 4 brings sections 14 to 36 into force on 6th June 2022. Sections 14 to 34 provide investigatory and forfeiture powers, section 35 clarifies the scope of section 12 in relation to existing contracts of insurance and section 36 sets out liability for offences committed by corporate officers.

Regulation 5 contains transitional provision in relation to contracts which are in the course of performance on 6th June 2022, the day on which the prohibition against dealing in ivory comes fully into force.