Overview

This bill aims to strengthen the UK's regulations on the import and export of ivory, aligning them with international efforts to combat illegal ivory trading and protect elephant populations. Key changes include replacing guidance with regulations, clarifying enforcement powers, and establishing an appeals process.

Description

The Ivory Bill makes significant amendments to existing legislation concerning ivory trade. These changes primarily involve:

• Replacing Guidance with Regulations: The bill replaces previous Secretary of State guidance with regulations made by the appropriate national authority (the Secretary of State, devolved administrations, or a combination depending on the scope of the regulation). This provides a more legally binding and consistent framework.
• Defining the "Appropriate National Authority": The amendments specify which authority is responsible for creating and enforcing regulations in different parts of the UK (England, Wales, Scotland, and Northern Ireland), ensuring devolved powers are respected.
• Appeals Process: An appeals process to the First-tier Tribunal is introduced for decisions related to exemption certificates, allowing individuals or organizations to challenge decisions to refuse or revoke these certificates.
• Enhanced Enforcement Powers: The bill clarifies and expands the powers of police and customs officers in tackling ivory trafficking. It also introduces powers for accredited civilian officers to enter premises (excluding dwellings), seize evidence, and require information relevant to an investigation, subject to strict guidelines and oversight.
• Museum Accreditation: The bill clarifies the criteria for museum accreditation, specifying different accrediting bodies for museums in different parts of the UK.
• Insurance Exemptions: The bill includes provisions exempting certain transactions related to insurance contracts from the definition of purchase or sale under the Act.

Government Spending

The bill doesn't explicitly state the cost of implementation. However, there will be associated costs related to the enforcement of regulations, including training for accredited civilian officers and potential legal costs associated with appeals. Specific financial figures are not provided in the amendments.

Groups Affected

• Museums: The amendments affect the accreditation process for museums holding ivory items.
• Police and Customs Officers: Their enforcement powers are significantly enhanced.
• Accredited Civilian Officers: New powers of entry and investigation are granted, but these powers are subject to significant limitations.
• Individuals and Businesses Dealing in Ivory: They face stricter regulations and potential penalties for non-compliance.
• Insurance Companies: Specific provisions address how existing insurance contracts should be handled.
• Devolved Administrations: The bill distributes regulatory authority across the UK, impacting the respective responsibilities of the Welsh, Scottish and Northern Irish administrations.

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