Section 37 — Meaning of “ivory”

(1) In this Act (apart from this section) “ivory” means ivory from the tusk or tooth of [F1 any of the following— ]

(a) [F1 an elephant (see subsection (8));]

(b) [F1 a common hippopotamus (Hippopotamus amphibius);]

(c) [F1 a killer whale (Orcinus orca);]

(d) [F1 a narwhal (Monodon monoceros);]

(e) [F1 a sperm whale (Physeter macrocephalus).]

(2) Regulations made by the appropriate national authority may amend subsection (1) so as to include ivory from an animal or species (whether extant or not) that is not for the time being covered by that subsection.

(3) A statutory instrument containing regulations made by the Secretary of State under subsection (2) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.

(4) A statutory instrument containing regulations made by the Welsh Ministers under subsection (2) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before the National Assembly for Wales and approved by a resolution of the Assembly.

(5) Regulations made by the Scottish Ministers under subsection (2) are subject to the affirmative procedure.

(6) Regulations made by the Northern Ireland department under subsection (2) may not be made unless a draft of the instrument has been laid before the Northern Ireland Assembly and approved by a resolution of the Assembly.

(7) In any proceedings under this Act, any material that is proved to be ivory from an animal is presumed to be ivory from [F2 an animal specified in subsection (1)] unless the material is proved to be [F3 from none of the animals specified in that subsection].

(8) In this section “elephant” means an animal of a species that is—

(a) within the family Elephantidae, and

(b) extant on the day on which this Act is passed.

Amendment notes

1. F1 Words in s. 37(1) substituted (28.1.2025) by The Ivory Act 2018 (Meaning of “Ivory” and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/9), regs. 1(2), 2(2)(a) (with reg. 2(3))
2. F2 Words in s. 37(7) substituted (28.1.2025) by The Ivory Act 2018 (Meaning of “Ivory” and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/9), regs. 1(2), 2(2)(b)(i) (with reg. 2(3))
3. F3 Words in s. 37(7) substituted (28.1.2025) by The Ivory Act 2018 (Meaning of “Ivory” and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/9), regs. 1(2), 2(2)(b)(ii) (with reg. 2(3))