Savings and transitional provisions
15.—(1) Where an act carried out before 1st October 2018 is unlawful under the 1997 Regulations, the 1997 Regulations continue to have effect in relation to that act.
(2) Where a specimen is detained before 1st October 2018 under regulation 5 of the 1997 Regulations, the 1997 Regulations continue to have effect in relation to that detention and any subsequent forfeiture.
(3) Any warrant issued before 1st October 2018 under regulation 9(1) of the 1997 Regulations continues to have effect.
(4) Where any thing is seized before 1st October 2018 under regulation 10 of the 1997 Regulations, the 1997 Regulations continue to have effect in relation to that seizure.
(5) But these Regulations apply where—
- (a) an act carried out before 1st October 2018 is unlawful under the 1997 Regulations, and
- (b) that act continues on or after 1st October 2018 and is unlawful under these Regulations.
(6) In this regulation, “the 1997 Regulations” means the Control of Trade in Endangered Species (Enforcement) Regulations 1997.
David Rutley
Parliamentary Under Secretary of State
Offences and penalties
Article 16(1)(j) of the Principal Regulation
1.—(1) The penalty for the offence specified in sub-paragraph (2) is as follows—
- (a) on summary conviction, imprisonment for a maximum term of six months or a fine (not exceeding the statutory maximum in Scotland or Northern Ireland, as the case may be) or both;
- (b) on conviction on indictment, imprisonment for a maximum term of five years or a fine or both.
(2) The offence referred to in sub-paragraph (1) is the conduct specified in Article 16(1)(j) of the Principal Regulation in relation to a specimen, in contravention of Article 8 of the Principal Regulation, as follows—
- (a) purchasing;
- (b) offering to purchase;
- (c) acquiring for commercial purposes;
- (d) using for commercial gain;
- (e) displaying to the public for commercial purposes;
- (f) selling;
- (g) keeping for sale;
- (h) offering for sale;
- (i) transporting for sale.
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