Zoo Licensing Act 1981

SupplementalE+W+S

[F119A DirectionsE

(1)Where a local authority make a direction under this Act, they shall take reasonable steps to secure that the operator of the zoo is notified in writing of it.

(2)But where the operator of the zoo cannot, after reasonable enquiries have been made, be found, the authority shall take reasonable steps to secure that any person appearing to them to be responsible for the zoo is notified in writing of the direction.

(3)The operator of a zoo or other person notified in writing of a direction pursuant to subsection (2) shall comply with a direction under this Act made in respect of that zoo.]

[F919A.DirectionsS

(1)Where a local authority make a direction under this Act, they shall take reasonable steps to secure that the operator of the zoo is notified in writing of it.

(2)But where, after reasonable enquiries have been made, the operator of the zoo cannot be found, the authority shall take reasonable steps to secure that any person appearing to them to be responsible for the zoo is notified in writing of the direction.

(3)The operator of a zoo or other person notified in writing of a direction pursuant to subsection (2) shall comply with a direction under this Act made in respect of that zoo.]

[F219BElectronic communicationsS

(1)Subject to subsection (2), any reference in this Act to any document, notice, notification or statement in writing shall include a reference to that document, notice, notification or statement being an electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7)), which has been recorded and is consequently capable of being reproduced.

(2)Any notice which a local authority requires to send may be given to or served on a person by such an electronic communication only if–

(a)the person consents in writing to the receipt of a notice of the kind in question from the sender by electronic communication sent to a specified number or address; and

(b)the communication is sent to the number or address in question.

(3)In any legal proceedings, an electronic communication sent to any person under this Act shall, unless the contrary is proven, be regarded as having been received by that person on the second working day after the day on which it was sent.

(4)In subsection (3), “working day” means a day which is not–

(a)a Saturday;

(b)a Sunday;

(c)Christmas Eve;

(d)a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 (c. 80);

(e)a day appointed for public thanksgiving or mourning; or

(f)a day which is a local or public holiday in the area in which the electronic communication is to be sent.]

F320 Transitory provision for existing zoos.E+W+S

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21 Interpretation.E+W+S

(1)In this Act—

• “animals” means animals of the classes Mammalia, Aves, Reptilia, Amphibia, Pisces and Insecta and any other multi cellular organism that is not a plant or a fungus and “wild animals” means animals not normally domesticated in Great Britain;

• “circus” means a place where animals are kept or introduced wholly or mainly for the purpose of performing tricks or manoeuvres at that place;

• “keeper” includes any person employed under the directions of a keeper;

• “the list” means the list compiled by the Secretary of State under section 8;

• [F4“pet shop” means premises for whose keeping as a pet shop a licence is in force, or is required, under the Pet Animals Act 1951;]

• [F4“pet shop” means premises at which the licensable activity described in paragraph 1 of schedule 1 of the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 (selling animals as pets) is carried on;]

• “taxonomic category” means a group or assemblage of species recognised as an entity in scientific classification;

• “zoo” has the meaning assigned by section 1(2).

• [F5“zoo closure direction” has the meaning assigned by section 13(12).]

(2)Nothing in this Act and nothing done under it shall prejudice or affect the operation of any of the relevant statutory provisions (whenever made) as defined in Part I of the M1Health and Safety at Work etc. Act 1974.

22 Consequential amendments.E+W+S

(1)The M2Dangerous Wild Animals Act 1976 shall be amended as follows—

(a) in section 5, for paragraph (1) there shall be substituted

“(1)a zoo within the meaning of the Zoo Licensing Act 1981 for which a licence is in force (or is not for the time being required) under this Act”;

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)For the purpose of the said Act an animal shall be treated as kept in a zoo when it is elsewhere in the personal possession of the operator of the zoo, or of competent persons acting on his behalf.

[F722A Application of Act: England and WalesE

(1)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.

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.

(2)In this section “the 2002 Regulations” means the Zoo Licensing Act 1981 (Amendment) (England and Wales) Regulations 2002.]

23 Short title, commencement and extent.E+W+S

(1)This Act may be cited as the Zoo Licensing Act 1981.

F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)This Act does not extend to Northern Ireland.