Ivory Act 2018 (c. 30) is an Act of the Parliament of the United Kingdom that introduced a prohibition on dealing in items containing elephant ivory, with limited exemptions. The Act also established a new compliance regime for exempted items, and introduced civil and criminal penalties for those found guilty of breaching the ban.
| Act of Parliament | |
 | |
| Long title | An Act to prohibit dealing in ivory, and for connected purposes. |
|---|---|
| Citation | c. 30 |
| Introduced by | Michael Gove (Commons) Baron Gardiner of Kimble (Lords) |
| Dates | |
| Royal assent | 20 December 2018 |
Status: Current legislation | |
| Text of statute as originally enacted | |
| Text of the Ivory Act 2018 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Ivory Bill was introduced to the House of Commons as a Government bill by the Environment Secretary, Michael Gove, on 23 May 2018, and to the House of Lords by the Minister for Rural Affairs, Baron Gardiner of Kimble, on 5 July 2018. The Bill was given the Royal Assent on 20 December 2018.
Background
editIn September 2016, the British Government announced its intention to introduce a ban on the sale of all ‘worked’ ivory produced after 1947. Any works produced before 1947 would be classified as antiques, and trade in these goods would permitted. This was criticised as the Conservative Party manifesto for the 2015 general election pledged to introduce a total ban on the ivory trade. A petition was launched on the Parliament petitions website in response, gathering more than the 100,000 signatures required to force a debate in Parliament.[1]
The Ivory Bill was introduced to the House of Commons as a Government bill by the Environment Secretary, Michael Gove, on 23 May 2018, and to the House of Lords by the Minister for Rural Affairs, Baron Gardiner of Kimble, on 5 July 2018. The Bill was given the Royal Assent on 20 December 2018.[2]
Act
editProhibition and exceptions
editSection 1 of the Act prohibits dealing in ivory.[3] The Section came into force, thus commencing the ban, on 6 June 2022.[4]
Compliance regime
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Penalties
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Judicial review
editA group of Antique dealers known as Friends of Antique Cultural Treasures (FACT), funded by the British Antique Dealers’ Association, challenged the ban in the High Court.[5] The group were granted leave to appeal to the Court of Appeal.[6]
On 18 May 2020, the Court of Appeal dismissed the appeal.[7] The group were denied leave to appeal to the Supreme Court.[8]
Commentary
editNational Geographic described the ban as "one of the strictest in the world" and Reuters said that it was the "toughest ban on ivory in Europe".[9][10]
Aftermath
editIn May 2023 it was announced that new legislation would extend the ban to the ivory of other species, including hippopotamuses, orcas, and walruses.[11]
References
edit- ^ Pratt, Alison; Ares, Elena (28 June 2018). Research Briefing: The Ivory Bill (Report). House of Commons Library. Retrieved 1 May 2021.
- ^ "Ivory Act 2018 - Parliamentary Bills". Parliament of the United Kingdom. 21 December 2018. Retrieved 1 May 2021.
- ^ Ivory Act 2018. UK Public General Acts. Vol. 30. 20 December 2018. Sec. 1.
- ^ "Cruel trade in ivory to be illegal from today as world leading ban takes effect". GOV.UK. 6 June 2022. Retrieved 25 April 2024.
- ^ Bowcott, Owen (5 November 2019). "'Fantastic day for elephants': court rejects ivory ban challenge". The Guardian. Retrieved 9 May 2021.
- ^ McElhatton, Noelle (13 November 2019). "Dealers and collectors make their final challenge to Ivory Act". Antiques Trade Gazette. Retrieved 9 May 2021.
- ^ "Ban soon to be enforced on ivory trading was lawful". The Times. 23 June 2020. Retrieved 9 May 2021.
- ^ "Ivory Act: no more challenges to new law says Supreme Court". Antiques Trade Gazette. 22 August 2020. Retrieved 9 May 2021.
- ^ Bale, Rachel (3 April 2018). "UK to Introduce 'Toughest' Ivory Ban in the World". National Geographic. Archived from the original on 7 March 2021. Retrieved 1 May 2021.
- ^ Sandle, Paul (3 April 2018). Lawson, Hugh (ed.). "Britain to ban ivory items regardless of their age". Reuters. London, England. Retrieved 9 May 2021.
- ^ Horton, Helena (23 May 2023). "Imports of ivory from hippos, orcas and walruses to be banned in UK". The Guardian. Retrieved 26 May 2023.