Section 3 — Abduction of other animals commonly kept as pets
Extent: E+W+N.I.
This version in force from 2024-05-24
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(1) An appropriate national authority may by regulations amend this Act so that section 1 or 2 applies or is replicated, with or without modifications, in respect of further species of animal.
(2) The power under subsection (1) may be exercised in respect of a species only if the appropriate national authority considers that—
(a) animals of that species are commonly kept as pets, and
(b) there is evidence that the number of incidents involving the unlawful taking or detaining of animals of that species is significant or increasing significantly.
(3) The modifications referred to in subsection (1) include, in particular—
(a) disapplying any exception or defence in section 1 or 2;
(b) creating further exceptions or defences.
(4) The modifications referred to in subsection (1) do not include varying the penalties set out in section 1(7) or 2(5).
(5) Before making regulations under this section the appropriate national authority must consult such persons as it considers appropriate.
(6) In this section “appropriate national authority” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (“DAERA”).
(7) The power to make regulations under this section is exercisable—
(a) in the case of regulations of the Secretary of State, by statutory instrument;
(b) in the case of regulations of DAERA, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(8) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(9) Regulations may not be made by DAERA under this section unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.
(10) Regulations under this section may make—
(a) different provision for different purposes;
(b) consequential, supplementary, incidental, transitional or saving provision.
(11) The provision that may be made by virtue of subsection (10)(b) includes, in particular, provision amending the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).