Return to the latest available version by using the controls above in the What Version box. C9Functions of Minister of Agriculture, Fisheries and Food under s. 1 now exercisable by that Minister and Secretary of State jointly (W.): S.I. 1.1.2001 to 31.12.2003) by S.I. F3Words in s. 5(3) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. section 2 of the Destructive Imported Animals Act 1932(1), as applied in relation to Muntjac by the Muntjac Keeping (Scotland) Order 2011(2), and all other powers enabling them to do so. Power to prohibit or control the importation or keeping of musk rats, Power to make regulations and prescribe form of licences, Provisions as to musk rats found at large, Saving in respect of animals kept for exhibition, and c, Power to extend provisions of Act to other destructive non-indigenous animals, 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, links to related legislation and further information resources. (3)The appropriate department so soon as they become aware that musk rats, not being musk rats kept under a licence, are to be found on any land, may take such steps as they consider necessary for their destruction, and it shall be the duty of the occupier of the land to afford all such facilities as it is in his power to afford to [F3any authorised persons]. 2000/400, art. Destructive Imported Animals Act 1932 (“the Act”), prohibits the keeping of mink in England and replaces the Mink Keeping Order 2000 (S.I. (1.1.2004) by Mink Keeping (Scotland) Order 2003 (No. 2. 2: Functions of the Secretary of State, the Secretary of State for Scotland or the Secretary of State for Wales transferred to the Minister of Agriculture, Fisheries and Food (27.12.1999) by S.I. 1(1), 5, C17S. . 5(2) excluded (24.3.2004) by Mink Keeping (Prohibition) (England) Order 2004 (S.I. If an order is made under section one of this Act prohibiting absolutely the keeping of musk rats, any person who on the date of the order and on the twenty-fourth day of June, nineteen hundred and thirty-one, was keeping musk rats for profit in Great Britain shall, subject to the provisions of this section, be entitled to receive from the appropriate department compensation in respect of any pecuniary loss which he may suffer by reason of his being required in consequence of the making of the order to destroy his musk rats and in respect of the value of any structure or equipment erected or provided by him which is rendered useless, or of less utility, by reason of the prohibition contained in the order: A claim for compensation under this section shall be made within three months after the date on which the order came into operation, and any question in dispute as to whether compensation is payable under this section, or as to the amount of any compensation so payable, shall be determined by a single arbitrator to be appointed, in default of agreement, by the Lord Chief Justice of England or, as the case may be, by the Lord President of the Court of Session. 2, Sch. Proceedings in England and Wales for an offence under this section may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge. There are outstanding changes not yet made by the legislation.gov.uk editorial team to Destructive Imported Animals Act 1932. . . 1969/388, C10S. 2(1)(5), 3, Sch. Functions of Minister of Agriculture, Fisheries and Food under s. 1 now exercisable by that Minister and Secretary of State jointly (W.): Power to make regulations and prescribe form of licences. What this means for licensing In preparation for the Order coming into force, we will now no longer issue new licences to take Grey Squirrels into captivity. I. 1.1.2001 to 31.12.2003) by S.I. “the 1932 Act” means the Destructive Imported Animals Act 1932(b); “the 1978 Act” means the Imports of Live Fish (Scotland) Act 1978(c); “the 1981 Act” means the Wildlife and Countryside Act 1981(d); and “the 2011 Act” means the Wildlife and Natural Environment (Scotland) Act 2011. F14. These acts regulate the: release of non-native species 2000/3402, art. . (1)If an order is made under section one of this Act prohibiting absolutely the keeping of musk rats, any person who on the date of the order and on the twenty-fourth day of June, nineteen hundred and thirty-one, was keeping musk rats for profit in Great Britain shall, subject to the provisions of this section, be entitled to receive from the appropriate department compensation in respect of any pecuniary loss which he may suffer by reason of his being required in consequence of the making of the order to destroy his musk rats and in respect of the value of any structure or equipment erected or provided by him which is rendered useless, or of less utility, by reason of the prohibition contained in the order: Provided that the compensation payable to a person under this section shall not in any case exceed the amount which would be payable to him if he had, at the date when the order came into operation, possessed only the same number of musk rats and the like structures and equipment as he possessed on the said twenty-fourth day of June. For more information please refer to the Forestry Commission’s advice note. 6(3)-(6) inserted (E.W.) An order made under this subsection may prohibit absolutely the importation of musk rats notwithstanding that the keeping of them is not prohibited absolutely. 2 (with Sch. Access essential accompanying documents and information for this legislation item from this tab. Destructive Imported Animals Act 1932 Licence Application Form. in the case of an offence under paragraph (a), paragraph (b) or paragraph (d) of this subsection, to a penalty of [F6level 2 on the standard scale], or if the offence was committed in respect of more than four animals, to a penalty of [F7level 1 on the standard scale] in respect of each animal; in the case of an offence under paragraph (c), to a penalty of [F6level 1 on the standard scale], and to a further penalty of forty shillings for every day on which the offence continues after conviction therefor; in the case of an offence under paragraph (e), to a penalty of [F6level 2 on the standard scale]; and. Section 10 of the Act provides that, in … 6(1)(f) excluded (24.3.2004) by Mink Keeping (Prohibition) (England) Order 2004 (S.I. . See how this legislation has or could change over time. 1.Power to prohibit or control the importation or keeping of musk rats, 2.Power to make regulations and prescribe form of licences, 5.Provisions as to musk rats found at large, 8.Saving in respect of animals kept for exhibition, and c, 10.Power to extend provisions of Act to other destructive non-indigenous animals. There are currently no known outstanding effects for the Destructive Imported Animals Act 1932, Section 6. 1999/3141, arts. 2(1)(e) (with art. 6 para. 528), arts. 11 para. 8 This is regarded as an “anomaly” by Professor Glanville Williams in Liability for Animals, Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. Under this Act the importation or keeping of non-indigenous animal can be prohibited, except under licence. An Act to make provision for prohibiting or controlling the importation into and the keeping within Great Britain of destructive non-indigenous animals, for exterminating any such animals which may be at large and for purposes connected with the matters aforesaid.F1, F1Act repealed (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. (f)fails to give a notice which he is required by subsection (2) of the last preceding section to give, shall be guilty of an offence under this Act, and shall on summary conviction be liable—. Geographical Extent: 1955/554 (1955 I, p. 1200), C4Act modified (temp. 2006/2541, art. The power in subsection (1) (like the power in subsection (1) of section one of this Act) includes power to revoke or amend an order made under that subsection. 1(2) amended by Statutory Instruments Act 1946 (c. 36), s. 5(2), For the purpose of enabling effect to be given to orders made under the last preceding section, the Minister and the Secretary of State, acting jointly, may—. . 4. In consequence of the making of this Order the provisions of the Destructive Imported Animals Act 1932 will continue to apply to mink until the expiry date, subject (as under the 1992 Order) to certain exceptions relating to the duty on occupiers of land to give notice of the presence on their land of mink not kept under a licence (article 4). (b)revoke any such licence, if it is shown to their satisfaction that the holder thereof has failed to comply with any term of the licence or with any of the regulations, or has been convicted of an offence under this Act. Destructive Imported Animals Act, 1932. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 1.1.1998 to 31.12.2000) by S.I. 1997/3002, art. . 1992/3302, reg.2. Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), Reorganisation of Offices (Scotland) Act 1939 (c. 20), The Muntjac Keeping (Scotland) Order 2011 (S.S.I. . under the Destructive Imported Animals Act 1932, it is illegal to keep grey squirrels in captivity. This Act shall not extend to Northern Ireland, . 1427), arts. Different options to open legislation in order to view more content on screen at once. 4, Act modified (E.) (temp. A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved. This Order, in exercise of the power granted to the Secretary of State by section 10 of the Destructive Imported Animals Act 1932 ("the Act"), prohibits the keeping of mink in England and replaces the Mink Keeping Order 2000 (S.I. 2000/400, art. Title: The Destructive Imported Animals Act 1932 Category: UK Act. . Different options to open legislation in order to view more content on screen at once. Under the Destructive Imported Animals Act 1932 the appropriate authority is empowered to prohibit, either absolutely or except under licence, the importation into, and the keeping within, Great Britain, of a number of designated species of animals 1. . fails to give a notice which he is required by subsection (2) of the last preceding section to give, Any officer of police and any person duly authorised in that behalf by the appropriate department may seize any musk rats with respect to which he has reason to believe that an offence under paragraph (. (1)The following provisions of this section shall have effect with respect to musk rats found at large at any time while an order under section one of this Act is in force. . 1(2); S.I. Certain functions of Minister of Agriculture, Fisheries and Food transferred by. (2)This Act shall not extend to Northern Ireland, . 2000/3402, art. Functions of Minister of Agriculture, Fisheries and Food under s. 10 now exercisable by that Minister and Secretary of State jointly (W.): S. 10: Functions of the Secretary of State, the Secretary of State for Scotland or the Secretary of State for Wales transferred to the Minister of Agriculture, Fisheries and Food (27.12.1999) by. 6(1) excluded in part (temp.) (a)make regulations with respect to the ports at which musk rats may be imported under a licence, the form of container to be used for their transport from place to place, the nature of the premises upon which, and the manner in which, they may be kept under a licence and the precautions to be taken against their escape; (b)prescribe the forms of licences to be used under this Act, the duration of such licences and the terms and conditions to be attached thereto; and. [F11(1A)The power in subsection (1) (like the power in subsection (1) of section one of this Act) includes power to revoke or amend an order made under that subsection.]. revoke any such licence, if it is shown to their satisfaction that the holder thereof has failed to comply with any term of the licence or with any of the regulations, or has been convicted of an offence under this Act. 5(4) repealed by Agriculture Act 1947 (c. 48), Sch. 13 para. 4, S. 6(1) excluded in part (temp. Various Orders are made under this Act to control non-native animals living in this country. 2012/175, art. 10(1A) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(q), Sch. The first date in the timeline will usually be the earliest date when the provision came into force. 5, S. 5(2) excluded (W.) (temp. [F8(3)Proceedings in England and Wales for an offence under this section may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge. 4, Act modified (S.) (temp. No changes have been applied to the text. 1978/272, art. This Act may be cited as the Destructive Imported Animals Act, 1932. Saving in respect of animals kept for exhibition, &c. A person who desires to keep musk rats for exhibition, or for purposes of scientific research or other exceptional purposes, may apply to the appropriate department, and the department at their discretion may grant to him a special licence (which may be revoked by them at any time) authorising him to import and keep such limited number of musk rats, in such manner and upon such conditions as may be specified in the licence. 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. If at any time the Minister and the Secretary of State are satisfied with respect to animals of any non-indigenous mammalian species that by reason of their destructive habits it is desirable to prohibit or control the importation or keeping of them and to destroy any which may be at large, or keep under review whether any which may be at large should be destroyed.
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