Zoo Licensing Act 1981 (Amendment) (England and Wales) Regulations 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/3080 |
| Year | 2002 |
(1) These Regulations may be cited as the Zoo Licensing Act 1981 (Amendment) (England and Wales) Regulations 2002 and shall come into force on 8th January 2003.(2) These Regulations shall extend to England and Wales only.(3) In these Regulations “the Act” means the Zoo Licensing Act 1981.After section 22 of The amendments made to this Act by the 2002 Regulations have effect in relation to England only, and accordingly, in the application of this Act in relation to Wales, the Act continues to have effect without the amendments made by the 2002 Regulations.The Act shall be amended in accordance with regulations 4 to 26. in subsection (2) omit the words from “; and this Act” to the end of the subsection; and after subsection (2) insert the following subsections— This Act applies to any zoo to which members of the public have access, with or without charge for admission, on seven days or more in any period of twelve consecutive months.This Act also applies in accordance with its terms to any zoo to which members of the public do not have such access if a licence is in force in respect of it or as otherwise provided (in particular, in sections 13 and 16C to 16G) .a particular part of the zoo premises;animals of a particular description in the zoo; oranimals of a particular description which are kept in a particular part of the zoo premises; andthe closure to the public of a particular part of the zoo premises;ceasing to exhibit animals of a particular description to the public; orceasing to exhibit animals of a particular description to the public in a particular part of the zoo premises.After section 1(licensing of zoos by local authorities) insert the following section— research from which conservation benefits accrue to species of wild animals;training in relevant conservation skills;the exchange of information relating to the conservation of species of wild animals;where appropriate, breeding of wild animals in captivity; andwhere appropriate, the repopulation of an area with, or the reintroduction into the wild of, wild animals;promoting public education and awareness in relation to the conservation of biodiversity, in particular by providing information about the species of wild animals kept in the zoo and their natural habitats;providing each animal with an environment well adapted to meet the physical, psychological and social needs of the species to which it belongs; andproviding a high standard of animal husbandry with a developed programme of preventative and curative veterinary care and nutrition;preventing the escape of animals and putting in place measures to be taken in the event of any escape or unauthorised release of animals;preventing the intrusion of pests and vermin into the zoo premises; andthe numbers of different animals;acquisitions, births, deaths, disposals and escapes of animals;the causes of any such deaths; andthe health of the animals.In section 2 (application for licence) after subsection (2) insert the following subsection— Any notice given to the authority under subsection (1) must also specify how the conservation measures referred to in section 1A are being or will be implemented at the zoo.in subsection (1) omit paragraph (b) and “, or” immediately preceding it; after subsection (1) insert the following subsection— consult the applicant about the conditions they propose would be attached to the licence, if one were granted, under section 5(2A) and (if applicable) section 5(3) ; andmake arrangements for an inspection to be carried out in accordance with section 9A (subject to subsection (2) of that section) .after subsection (2) insert the following subsection— The local authority shall also refuse to grant a licence for a zoo if they are not satisfied that the conservation measures referred to in section 1A will be implemented in a satisfactory manner at the zoo.in subsection (3) after “if” insert “subsection (2A) does not apply but”. after subsection (2) insert the following subsection— A licence under this Act shall be granted subject to conditions requiring the conservation measures referred to in section 1A to be implemented at the zoo.after “such” where it occurs for the first time insert “other”, and omit paragraphs (a) and (b) ; in subsection (4) omit “(if any) ”; and for subsection (5) substitute the following subsections— The Secretary of State may, after consulting the authority, direct them to attach one or more conditions to a licence, and the authority shall give effect to such a direction.But he may not direct the authority to attach a condition which is inconsistent with the implementation at the zoo of the conservation measures referred to in section 1A.after subsection (1) insert the following subsection— make arrangements for an inspection to be carried out in accordance with section 9A (subject to subsection (2) of that section) ; andconsider the report made to them pursuant to that inspection.in subsection (2) omit the words from “and, if” to the end of the subsection. In subsection (1) of section 7 (transfer, transmission and surrender of licence) for the words from “which application” to the end of the subsection substitute “specified by the authority and notified by them to the transferor and transferee”. in subsection (2) at the end insert “and shall be competent to advise about the implementation in zoos of the conservation measures referred to in section 1A”; and in subsection (3) after “welfare,” insert “to advise about the implementation in zoos of the conservation measures referred to in section 1A,”. Before section 10 (periodical inspections) insert the following section— This section applies where an inspection is to be carried out as mentioned in sections 4(1A) , 6(1A) and 16(2B) and (3A) .the authority need not arrange for an inspection to be carried out in accordance with this section; andif they do not, subsections (10) to (13) of this section apply in relation to the inspection under section 10 as they would have applied in relation to an inspection in accordance with this section.an application has been made under section 6(1) for renewal of a zoo’s licence and the authority propose to extend the period of the licence; andone or more inspections of the zoo are required by section 16,Where more than one inspection is required under section 16, the authority may combine the inspections.
- This subsection is subject to any regulations which may be made under section 2(2) of the European Communities Act 1972 by the National Assembly for Wales.
- “(2A) This Act applies to any zoo to which members of the public have access, with or without charge for admission, on seven days or more in any period of twelve consecutive months.
- (2B) This Act also applies in accordance with its terms to any zoo to which members of the public do not have such access if a licence is in force in respect of it or as otherwise provided (in particular, in sections 13 and 16C to 16G) .
- (2C) In this Act—
- (a) a section of a zoo means—
- (i) a particular part of the zoo premises;
- (ii) animals of a particular description in the zoo; or
- (iii) animals of a particular description which are kept in a particular part of the zoo premises; and
- “(1A) Before granting or refusing to grant a licence for a zoo, the local authority shall also—
- (a) consult the applicant about the conditions they propose would be attached to the licence, if one were granted, under section 5(2A) and (if applicable) section 5(3) ; and
- (b) make arrangements for an inspection to be carried out in accordance with section 9A (subject to subsection (2) of that section) .
- “(1A) Before extending the period of an existing licence under subsection (1) (a) the authority shall—
- (a) make arrangements for an inspection to be carried out in accordance with section 9A (subject to subsection (2) of that section) ; and
- (b) consider the report made to them pursuant to that inspection.
- (1) This section applies where an inspection is to be carried out as mentioned in sections 4(1A) , 6(1A) and 16(2B) and (3A) .
- (2) Where an inspection under section 10 falls to be carried out within the period of 12 months beginning with the date on which a local authority become required to make arrangements for an inspection to be carried out as mentioned in subsection (1) —
- (a) the authority need not arrange for an inspection to be carried out in accordance with this section; and
- (b) if they do not, subsections (10) to (13) of this section apply in relation to the inspection under section 10 as they would have applied in relation to an inspection in accordance with this section.
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