Search Legislation

The Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012 No. 2932

Regulations 2 and 4

SCHEDULELicensing conditions

This schedule has no associated Explanatory Memorandum

Condition 1: Acquisition of wild animals

1.  Unless the Secretary of State has agreed in advance to accept a shorter notice period, the operator must give the Secretary of State at least fourteen days written notice before acquiring a wild animal for use in the travelling circus.

Condition 2: Notification of tour itinerary

2.—(1) The operator must make a written notification of the itinerary for each tour of the travelling circus to the Secretary of State and any variation to that itinerary must be notified immediately in writing to the Secretary of State.

(2) Where reasonably practicable, the notification required by sub-paragraph (1) must be made at least thirty days prior to the first performance of the tour.

Condition 3: Wild animal records

3.—(1) The operator must make and maintain a list of each licensed animal with all the information necessary to identify that animal individually and must provide the Secretary of State with a copy of the list and any variation as soon as possible after they are made.

(2) The operator must make and maintain an individual record for each licensed animal.

(3) The record required to be made by sub-paragraph (2) must—

(a)include all information necessary to identify the animal individually;

(b)include all relevant permits and registrations for the animal;

(c)include all relevant medical and reproductive history and behavioural issues for the animal;

(d)include all veterinary treatments administered to the animal;

(e)include the date and source of acquisition of the animal and, where relevant, the date when the animal leaves the travelling circus and its destination; and

(f)be retained by the operator for at least three years from the date when the animal left the travelling circus.

(4) The operator must make and maintain a list showing the current location of each licensed animal.

Condition 4: Care plans

4.—(1) The operator must make, maintain and give effect to—

(a)a group care plan for each social group of licensed animals; and

(b)an individual care plan for each licensed animal.

(2) Group care plans and individual care plans must be—

(a)agreed by the lead veterinary surgeon;

(b)reviewed by the veterinary surgeon during the visits to the travelling circus required by Condition 6; and

(c)made available to persons with access to the licensed animals.

(3) Group care plans and individual care plans must make provision for—

(a)assessment of the risks to which licensed animals are exposed, in particular from training and performance;

(b)behavioural and environmental enrichment for licensed animals so as to ensure that normal behaviours can be expressed by those animals;

(c)a breeding policy for licensed animals;

(d)the dietary requirements of licensed animals;

(e)a programme of preventive medicine for licensed animals; and

(f)daily recording of all factors relevant to the welfare of licensed animals.

(4) Individual care plans must make suitable provision for the retirement of licensed animals.

(5) In this Condition references to licensed animals—

(a)in relation to a group care plan, are references to the licensed animals in the social group for the care of which the plan provides; and

(b)in relation to an individual care plan, are references to the individual licensed animal for the care of which the plan provides.

Condition 5: Persons with access to licensed animals

5.—(1) The operator must ensure that access to licensed animals is restricted to persons with the appropriate qualifications and experience for the activities those persons undertake.

(2) The operator must make and maintain a list of persons authorised to access and care for licensed animals.

(3) The list required by sub-paragraph (2) must include the name, role, qualifications and relevant experience of each person.

(4) The operator must ensure that a list of those persons currently on duty who are authorised to access and care for licensed animals is displayed prominently at any premises where licensed animals are kept.

(5) The operator must ensure that sufficient numbers of appropriately qualified and experienced persons are present wherever licensed animals are kept to ensure the safety of—

(a)licensed animals;

(b)persons handling those animals; and

(c)the general public.

(6) The operator must ensure that at all times a suitably qualified and experienced person—

(a)is in overall charge of the animals at any place where licensed animals are kept; and

(b)has the necessary authority to ensure that the licensing conditions are complied with.

Condition 6: Veterinary surgeons

6.—(1) The operator must appoint a veterinary surgeon to lead on the veterinary care for the licensed animals.

(2) The lead veterinary surgeon must have an appropriate level of expertise in the health and welfare requirements of the licensed animals.

(3) The operator must consult the lead veterinary surgeon on the health and welfare requirements of the licensed animals and act on any advice received.

(4) The licensed animals must be inspected by a veterinary surgeon with an appropriate level of expertise in the health and welfare requirements of those animals at least once every three months.

(5) Where the inspection required by sub-paragraph (4) is not conducted by the lead veterinary surgeon, the operator must ensure that the lead veterinary surgeon provides all necessary advice and assistance to the attending veterinary surgeon.

(6) The licensed animals must be inspected by the lead veterinary surgeon at least twice in any twelve-month period.

(7) Of the inspections required by sub-paragraph (6), at least one must be at the travelling circus while it is on tour and one must, where relevant, be at the winter quarters of the travelling circus.

Condition 7: Responsibility of the operator to promote the welfare of licensed animals

7.—(1) The operator must take all reasonable steps to ensure that the needs of a licensed animal are met to the extent required by good practice.

(2) For the purposes of this Condition, a licensed animal’s needs shall be taken to include—

(a)its need for a suitable environment;

(b)its need for a suitable diet;

(c)its need to be able to exhibit normal patterns of behaviour;

(d)any need it has to be housed with, or apart from, other animals; and

(e)its need to be protected from pain, suffering, injury and disease.

Condition 8: Specific welfare requirements for display, training and performance

8.  The operator must ensure that where a licensed animal is used in the travelling circus for display, training or performance—

(a)the animal is fit for the intended activity;

(b)the activity is halted if the animal shows any sign of pain, suffering, injury or disease;

(c)desired behaviour from the animal is not sought in any way that could cause pain, suffering, injury or disease;

(d)no equipment is used with or on the animal in such a way that it could cause pain, suffering, injury or disease;

(e)rewards for the successful completion of a desired behaviour are immediate and tangible for the animal;

(f)in addition to the restriction on access required by Condition 5(1), the general public are informed, by appropriate signage and announcement, of behaviour to be avoided at the travelling circus that might adversely impact on the welfare of the animal; and

(g)on completion of the activity the animal is checked for any sign of pain, suffering, injury or disease.

Condition 9: Specific welfare requirements for environment

9.—(1) In respect of any part of the travelling circus to which a licensed animal has or will have access, the operator must take reasonable steps to—

(a)minimise loud or unexpected noises;

(b)provide the animal with shelter from adverse weather conditions;

(c)minimise distress to the animal from environmental factors such as strobe lighting or smoke; and

(d)manage environmental variables such as temperature and humidity at levels appropriate to safeguard the welfare of the animal.

(2) The operator must ensure that any food and water for a licensed animal is stored, prepared and provided in such a way as to protect the health and welfare of the animal.

(3) The operator must ensure that licensed animals are housed in accommodation that is designed, constructed and maintained to be—

(a)free from hazards;

(b)compatible with the social and welfare needs of the animals;

(c)secure; and

(d)of an appropriate size.

Condition 10: Specific welfare requirements for transportation

10.  The operator must ensure that where a licensed animal is transported—

(a)a written plan is prepared in advance setting out the details of the journey;

(b)the animal is fit for the intended journey;

(c)the means of transport and any containers and fittings used in the transport are designed, constructed, maintained and operated in such a way as to secure the welfare of the animal;

(d)all necessary arrangements, including a contingency plan, have been made in advance to minimise the length of the journey and to secure the welfare of the animal during the journey; and

(e)on arrival at the final destination, the details are recorded of the actual journey times and of any action taken or planned in response to possible injury or distress to the animal arising from the transport.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Draft Explanatory Memorandum

Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources