The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003

Amendment of the Zoo Licensing Act 1981

17.  In section 13 (local authority zoos) for subsections (4) and (5) substitute–

“(4) Sections 16(1A), 16A, 16B, and 18 apply as if–

(a) references to the authority were references to the Scottish Ministers; and

(b) the words “granted by them” in section 16A(1) were omitted.

(5) Section 16(1B) applies as if for “authority shall make such alterations to the licence as they consider” there were substituted “the Scottish Ministers shall direct the authority to make such alterations to the licence as they consider”.

(6) The following provisions apply in place of section 16C:–

(a) paragraph (b) applies where the Scottish Ministers are of the view that a zoo is being operated without a licence in contravention of this Act.

(b) the Scottish Ministers shall make a zoo closure direction in respect of the zoo unless–

(i) the authority inform the Scottish Ministers that in their opinion a direction should be made under section 14(1) in respect of the zoo, and the Scottish Ministers make a direction under section 14(1)(a); or

(ii) the authority grant a licence for the zoo within such period as the Scottish Ministers consider to be reasonable in the circumstances.

(7) Section 16D applies as if–

(a) references to section 16E were references to subsection (8) of this section; and

(b) the reference in subsection (2) to the authority were a reference to the Scottish Ministers.

(8) The following provisions apply in place of section 16E to a zoo to which, by virtue of subsection (7)(a), this subsection applies:–

(a) the authority shall make arrangements in relation to all animals kept in the zoo–

(i) for their future care; or

(ii) for their disposal and for their care until they are disposed of;

(b) the authority shall supply the Scottish Ministers with any information they request about the care or disposal of animals kept in the zoo;

(c) the Scottish Ministers may, after giving the authority an opportunity to be heard, give them a direction in such terms as they see fit about the care of animals kept in the zoo or their disposal, and the authority shall comply with such a direction;

(d) arrangements for the care or disposal of animals under this subsection shall not be prejudicial to the interests of the protection of wild animals and the conservation of biodiversity;

(e) the Scottish Ministers may, after giving the authority an opportunity to be heard, make a direction under this paragraph varying a direction under paragraph (c) (including such a direction as varied by a direction under this paragraph);

(f) the Scottish Ministers may, after giving the authority an opportunity to be heard, make a direction revoking a direction under paragraph (c) (including such a direction as varied by a direction under paragraph (e));

(g) where this subsection applies by virtue of section 16D(3) (read in accordance with subsection (7) above), references in this subsection and in subsections (9) and (10) to a zoo shall be read as references to that section of the zoo which is closed permanently to the public.

(9) If the Scottish Ministers consider that an inspection of a zoo to which subsection (8) applies is appropriate having regard to their function under subsection (8)(c) they may require an authority to–

(a) carry out a special inspection of the zoo to be conducted by one or more inspectors nominated, after consultation with the authority, by the Scottish Ministers from the list;

(b) obtain a report of the inspection; and

(c) send a copy of the report to the Scottish Ministers forthwith.

(10) For the purposes of an inspection under subsection (9), inspectors may require the production of all records of the zoo’s collection kept by the operator, and the operator shall produce the records.

(11) Section 10(4)(c) applies to an inspection under subsection (9) as it applies to an inspection under that section.

(12) References in this Act to “a zoo closure direction” are to a direction requiring a zoo to be closed permanently to the public.”.