(1)A person commits an offence if, in a relevant part of the United Kingdom, the person sells, or offers or arranges to sell, any right to observe or participate in an activity which—
(a)involves an animal,
(b)takes place outside the United Kingdom, and
(c)is of a description specified for that part of the United Kingdom by regulations made by the appropriate national authority (“activity regulations”).
(2)The appropriate national authority may specify a description of activity in activity regulations only if it considers that an activity of that description involves or is likely to involve—
(a)keeping the animal in conditions within subsection (3), or
(b)subjecting it to treatment (whether before, during or after the activity) within that subsection.
(3)An animal is kept in conditions, or is subject to treatment, within this subsection if keeping the animal in the conditions, or subjecting it to the treatment, in the appropriate national authority’s part of the United Kingdom would constitute an offence under the appropriate national legislation.
(1)For the purposes of this section an advertisement is a prohibited advertisement in a relevant part of the United Kingdom if the advertisement has the purpose or effect of promoting the observation of, or participation in, an activity which—
(a)involves an animal,
(b)takes place outside the United Kingdom, and
(c)is of a description specified for that part of the United Kingdom by activity regulations.
(2)A person commits an offence if, in the course of a business, the person—
(a)publishes in a relevant part of the United Kingdom an advertisement that is a prohibited advertisement in that part, or
(b)causes such an advertisement to be so published.
(3)A person commits an offence if, in the course of a business, the person—
(a)prints in a relevant part of the United Kingdom an advertisement published in that part of the United Kingdom that is a prohibited advertisement in that part, or
(b)causes such an advertisement to be so printed.
(4)A person commits an offence if, in the course of a business, the person—
(a)distributes in a relevant part of the United Kingdom an advertisement published in that part of the United Kingdom that is a prohibited advertisement in that part, or
(b)causes such an advertisement to be so distributed.
(5)A person does not commit an offence under subsection (2) or (4) if the advertisement is contained in a publication (other than an in-flight magazine)—
(a)which is printed outside a relevant part of the United Kingdom, and
(b)whose principal market is not, or does not include, a relevant part of the United Kingdom or any part of one.
(6)A person does not commit an offence under subsection (4) if—
(a)the distribution is by means of electronic transmission, and
(b)the person did not carry on business in a relevant part of the United Kingdom at the time of the distribution.
(7)A person does not commit an offence under subsection (4) by selling a publication to a member of the public.
(8)It is a defence for a person charged with an offence under subsection (3) or (4) in relation to the printing or distribution of an advertisement in a relevant part of the United Kingdom to prove that the person did not know, and had no reason to suspect, that the advertisement would be published in that part.