Schedule 9B, Part 2, paragraph 2

This paragraph applies where— a person is charged with an offence under section 14ZC or 14AA, the charge relates to an animal, and the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation— paragraph (b) (keeping, including in contained holding), paragraph (d) (transporting to, from or within Scotland, except for the transportation of species to facilities in the context of eradication). It is a defence to the charge to show that— immediately before the inclusion on the Scottish list of species of special concern of the species to which the animal belongs, the animal was kept as a companion animal, at all material times the animal was kept— as a companion animal, or for the purpose of transporting the animal to a place mentioned in sub-paragraph (3), and at all material times— the animal was kept in contained holding, and appropriate measures were in place to ensure that it could not reproduce or escape. The places referred to in sub-paragraph (2)(b)(ii) are— an establishment to which a relevant licence or permit has been granted, a facility to which a relevant licence has been granted, a place where the animal was to be humanely killed. In sub-paragraph (3)— “relevant licence or permit” means, in relation to an establishment— a licence granted under section 16(4)(c) by virtue of paragraph 6, a permit granted under article 35 of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), a permit granted under any provision in legislation which applies in relation to Northern Ireland and which enables a permit to be issued in accordance with Article 8 or 9 of the Invasive Alien Species Regulation, “relevant licence” means, in relation to a facility— a licence granted under section 16(4)(c) by virtue of paragraph 7, a licence granted under article 36(1) of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (S.I. 2019/527), for the purpose mentioned in article 36(2)(d) of that Order, a licence granted under any provision in legislation which applies in relation to Northern Ireland and enables a licence to be issued for the keeping of an animal by a facility until the end of its natural life in accordance with Article 31(4) of the Invasive Alien Species Regulation.

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Source: legislation.gov.uk · retrieved 2026-07-30