[Part 2 Defences]

[Part 2 Defences]

[Companion animals

2

(1)     This paragraph applies where—

(a)     a person is charged with an offence under section 14ZC or 14AA,

(b)     the charge relates to an animal, and

(c)     the activity to which the charge relates contravenes one of the following paragraphs of Article 7(1) of the Invasive Alien Species Regulation—

(i)     paragraph (b) (keeping, including in contained holding),

(ii)     paragraph (d) (transporting to, from or within [Scotland], except for the transportation of species to facilities in the context of eradication).

(2)     It is a defence to the charge to show that—

(a)     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,

(b)     at all material times the animal was kept—

(i)     as a companion animal, or

(ii)     for the purpose of transporting the animal to a place mentioned in sub-paragraph (3), and

(c)     at all material times—

(i)     the animal was kept in contained holding, and

(ii)     appropriate measures were in place to ensure that it could not reproduce or escape.

(3)     The places referred to in sub-paragraph (2)(b)(ii) are—

(a)

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