Explanatory note

These Regulations make provision in relation to enforcement of the prohibition on dealing in ivory imposed by section 1 of the Ivory Act 2018 (c. 30) (‘the Act’).

Part 2 of these Regulations sets out the arrangements for the imposition and payment of monetary penalties under Part 1 of Schedule 1 to the Act, including circumstances in which a monetary penalty may not be imposed. Regulation 5 deals with arrangements for payment where a person is not reasonably able to pay a monetary penalty within the specified period. Regulation 7 provides power for the Secretary of State to recover an unpaid monetary penalty as if the penalty were a civil debt.

Part 3 of these Regulations makes provision in relation to enforcement undertakings. Regulations 8 to 10 specify the actions and terms which may be included in an enforcement undertaking and deal with procedure in relation to enforcement undertakings. Regulations 11 to 16 deal with variation of and compliance with an undertaking and make provision for the Secretary of State to monitor compliance and to publish details of enforcement undertakings agreed. Regulation 17 requires part-compliance with an enforcement undertaking to be taken into account when considering the imposition of criminal or civil penalties where a person has failed to comply fully with the undertaking.

Part 4 provides additional powers which the First-tier Tribunal may exercise in dealing with appeals in relation to requirements imposed under Schedule 1 to the Act, including powers to suspend the effect of a decision of the Secretary of State and arrangements for unopposed appeals. Regulation 23 gives a right of appeal against a decision by the Secretary of State not to issue a certificate of compliance, or to revoke a certificate of compliance, in relation to an enforcement undertaking.

An impact assessment was produced for the Ivory Bill and is available on www.legislation.gov.uk. No additional impact assessment has been produced for this instrument as no, or no significant, further impact on the private or voluntary sector is foreseen.