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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 |
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[17th
March 1932]
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1
Power to prohibit or control the importation or keeping of musk rats
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(1) It
shall be lawful for [the Minister of Agriculture, Fisheries and Food] and
the Secretary of State for Scotland (in this Act referred to as the “Minister”
and “the Secretary of State” respectively), acting jointly, to prohibit
by order either absolutely, or except under a licence granted under this
Act, the importation into and the keeping within Great Britain of any animal
of the species designated Fiber zibethicus or Ondatra zibethica,
and commonly known as the musk rat, or musquash.
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(2) Every
order made under the preceding subsection shall, so soon as may be after
it is made, be laid before each House of Parliament and if either House
of Parliament within the next subsequent twenty-eight days on which that
House has sat after any such order has been laid before it, resolves that
the order shall be annulled, the order shall thenceforth be void, but without
prejudice to the validity of anything previously done thereunder or to the
making of a new order.
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Sub-s
(1): words in square brackets substituted by the Transfer of Functions (Ministry
of Food) Order 1955, SI 1955/554.
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Transfer of Functions |
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Functions
of the Minister of Agriculture, Fisheries and Food under this section transferred
to that Minister and the Secretary of State for Wales jointly, by SI 1969/388,
art 3, Sch 2, Part II. Functions of the Minister of Agriculture, Fisheries and Food, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999/672, art 2, Sch 1. |
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2
Power to make regulations and prescribe form of licences
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(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;
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(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
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(c) | with
the approval of the Treasury, prescribe the fees to be charged in respect
of the grant or renewal of such licences.
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NOTES
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Functions
of the Minister of Agriculture, Fisheries and Food under this section transferred
to that Minister and the Secretary of State for Wales jointly, by SI 1969/388,
art 3, Sch 2, Part II. Functions under this section, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999/672, art 2, Sch 1. |
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3
Grant and revocation of licences
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(a) | upon
payment by an applicant of the prescribed fee, grant to him a licence in
the prescribed form authorising him to import and keep, or to keep, musk
rats in accordance with the terms of the licence and with the regulations,
and from time to time renew any licence so granted; and
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(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.
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4
. . .
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Repealed
by the Agriculture Act 1947, ss 110, 111, Sch 13, and by the Agriculture
(Scotland) Act 1948, s 87, Sch 10.
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5
Provisions as to musk rats found at large
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(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.
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(2) The
occupier of any land who knows that musk rats, not being musk rats kept
by him under a licence, are to be found thereon shall forthwith give notice
to the appropriate department.
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(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 any persons employed by, or on behalf of,
the department for that purpose.
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(4) .
. .
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(5) No
action for damages shall lie in respect of the killing or wounding of any
musk rat which is found at large.
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Sub-s
(4): repealed by the Agriculture Act 1947, ss 110, 111, Sch 13.
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6
Offences, etc
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(1) Any
person who—
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(a) | at
a time when the importation of musk rats is prohibited absolutely, imports,
or attempts to import, any musk rat into Great Britain, or at a time when
such importation is prohibited except under a licence, imports or attempts
to import, any musk rat into Great Britain without having in force a licence
authorising him so to do; or
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(b) | at
a time when the keeping of musk rats is prohibited absolutely, keeps any
musk rat in Great Britain, or at a time when the keeping of musk rats is
prohibited except under a licence, keeps any musk rat in Great Britain without
having in force a licence authorising him so to do; or
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(c) | being
the holder of a licence granted to him under this Act, acts in contravention
of or fails to comply with any regulation made under this Act, or any term
of his licence; or
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(d) | turns
loose any musk rat, or wilfully allows any musk rat to escape; or
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(e) | obstructs
any officer of, or person authorised by or employed by or on behalf of,
the appropriate department, in the execution of his duty under this Act;
or
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(f) | fails
to give a notice which he is required by subsection (2) of the last preceding
section to give,
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shall
be guilty of an offence under this Act, and shall on summary conviction
be liable—
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in the
case of an offence under paragraph (a), paragraph (b) or paragraph (d) of
this subsection, to a penalty of twenty pounds, or if the offence was committed
in respect of more than four animals, to a penalty of five pounds in respect
of each animal;
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and the
court before which any person is convicted of an offence under paragraph
(a), paragraph (b) or paragraph (c) of this subsection may order any musk
rats in respect of which the offence was committed to be forfeited and destroyed.
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(2) 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 (a) of the last preceding subsection
has been committed, and may detain them pending the determination of any
proceedings to be instituted under that subsection, or until the appropriate
department are satisfied that no such proceedings are likely to be instituted.
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Sub-s
(1): £5 and £10 penalties increased to £25 and converted to level 1 on the
standard scale, and £20 penalties increased to £50 and converted to level
2 on the standard scale by the Criminal Law Act 1977, s 31(6), and the Criminal
Justice Act 1982, ss 37 46; sum in square brackets substituted by virtue
of the Decimal Currency Act 1969, s 10(1).
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7
Compensation
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(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:
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(2) 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.
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(1) 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.
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(2) A
special licence may be granted under this section and shall have effect
according to its tenor notwithstanding that the acts authorised by it are
for the time being prohibited by an order made under section one of this
Act.
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Words
omitted repealed by the Reorganisation of Offices (Scotland) Act 1939, s
5, Schedule.
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Transfer of Functions |
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Functions
of the Minister, so far as exercisable in relation to Wales, transferred
to the National Assembly for Wales, by the National Assembly for Wales (Transfer
of Functions) Order 1999, SI 1999/672, art 2, Sch 1.
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10
Power to extend provisions of Act to other destructive non-indigenous animals
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(1) 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, they may make
with respect to animals of that species any such order as they are empowered
by subsection (1) of section one of this Act to make with respect to musk
rats, and thereupon all the provisions of this Act shall apply in relation
to animals of that species as they apply in relation to musk rats, subject,
however, to the modification that in subsection (1) of section seven of
this Act the words “and on the twenty-fourth day of June, nineteen hundred
and thirty-one” shall be omitted and subject also to such exceptions and
other modifications, if any, as may be specified in the order:
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(2) In
this section, the expression “non-indigenous mammalian species” means a
mammalian species which at the date of the commencement of this Act was
not established in a wild state in Great Britain, or had only become so
established during the preceding fifty years:
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Functions
of the Minister of Agriculture, Fisheries and Food under this section transferred
to that Minister and the Secretary of State for Wales jointly, by SI 1969/388,
art 3, Sch 2, Part II. Functions under this section, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999/672, art 2, Sch 1. |
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Subordinate
Legislation
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UK
Mink Keeping (Wales) Order 2000, SI 2000/3340 (made under sub-s (1)). Mink Keeping (England) Order 2000, SI 2000/3402 (made under sub-s (1)). Mink Keeping (Scotland) Order 2000, SSI 2000/400 (made under sub-s (1)). |
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11
Interpretation
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[(1)] In
this Act the expression—
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“the
appropriate department” means, as respects England, the Minister and, as
respects Scotland, the Department of Agriculture for Scotland;
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[(2) Any
reference in this Act to importation into Great Britain does not include
a reference to importation from a member State.]
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Sub-s
(1): numbered as such by SI 1992/3302, reg 2. Sub-s (2): inserted by SI 1992/3302, reg 2. |
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Transfer of Functions |
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Functions
of the Minister, so far as exercisable in relation to Wales, transferred
to the National Assembly for Wales, by the National Assembly for Wales (Transfer
of Functions) Order 1999, SI 1999/672, art 2, Sch 1.
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12
Short title and extent
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(1) This
Act may be cited as the Destructive Imported Animals Act 1932.
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(2) This
Act shall not extend to Northern Ireland . . .
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Sub-s (2): words omitted repealed by the Northern Ireland Constitution Act 1973, s 41(1), Sch 6, Part I. | ||||
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