Zoo Licensing Act 1981

16 Power to alter licences. E+W

(1) At any time after the grant of a licence under this Act, it may be altered by the local authority if in their opinion it is necessary or desirable to do so for ensuring the proper conduct of the zoo during the period of the licence (whether their opinion arises from an inspectors’ report or an alteration of standards specified under section 9 or otherwise).

[F1 (1A) Subsection (1B) applies where—

(a) the authority have made a direction under section 16A(2) in respect of a zoo;

(b) the period specified in that direction by virtue of section 16A(2)(c), including such a direction as varied under section 16A(4), has expired; and

(c) the authority are satisfied that a condition specified in that direction which requires any conservation measure referred to in section 1A to be implemented at the zoo is not met in relation to—

(i) if the zoo was specified under section 16A(2)(b)(i), any section of the zoo;

(ii) if a section of the zoo was specified under section 16A(2)(b)(ii), that section of the zoo or any smaller section of the zoo included in that section.

(1B) The authority shall make such alterations to the licence as they consider to be necessary or desirable to ensure that the section of the zoo in relation to which they are satisfied that the condition is not met is closed permanently to the public.]

(2) Before exercising the power under subsection (1), the local authority shall give the holder of the licence an opportunity to make representations.

[F2 ( 2A ) Subsection (2B) applies in place of subsection (2) where the authority propose to make under subsection (1) a significant alteration to a licence (not being one to which subsection (3A) applies), except where the alteration is in accordance with the recommendations in a report pursuant to section 9A(5)(c).

( 2B ) Before making a significant alteration to a licence the authority shall—

(a) consult the holder of the licence about the alteration they propose to make to the licence;

(b) make arrangements for an inspection to be carried out in accordance with section 9A (subject to subsection (2) of that section); and

(c) consider the report made to them pursuant to that inspection.]

[F3 ( 3 ) Subject to subsections (3A) and (3B), at any time after the grant of a licence under this Act, the Secretary of State may, after consulting the authority, direct them to alter the licence, and the authority shall give effect to such a direction within a reasonable time.

( 3A ) If the Secretary of State proposes to direct the authority to make a significant alteration to a licence, he shall first notify them of the proposed alteration and the authority shall—

(a) consult the holder of the licence about the alteration which the Secretary of State proposes to direct them to make to the licence;

(b) make arrangements for an inspection to be carried out in accordance with section 9A (subject to subsection (2) of that section); and

(c) send a copy of the report made to them pursuant to that inspection to the Secretary of State.

( 3B ) The Secretary of State may not direct the authority to make an alteration to the licence which is inconsistent with the implementation at the zoo of the conservation measures referred to in section 1A.]

(4) An alteration under this section may be made by varying, cancelling or attaching conditions or by a combination of any of those methods.

[F4 ( 4A ) Subject to subsection (3), the authority shall secure that upon its alteration a licence contains such conditions as the authority think necessary or desirable for requiring the conservation measures referred to in section 1A to be implemented at the zoo.]

(5) The authority shall secure that the terms of any condition attached to a licence are not inconsistent with the terms of a condition attached or varied in pursuance of a direction of the Secretary of State.

(6) No alteration made under [F5 this section] shall have effect until written notification of it has been received by the holder of the licence; and this subsection is without prejudice to section 18(7) [F6 and (7A)].

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 S. 16(1A)(1B) inserted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 20(a) (which insertion is extended (W.) (22.4.2003) by The Zoo Licensing Act 1981 (Amendment) (Wales) Regulations 2003 (S.I. 2003/992), regs. 1(1), 2(1), Sch. para. 17(a) (with reg. 4))

F2 S. 16(2A)(2B) inserted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 20(b) (which insertion is extended (W.) (22.4.2003) by The Zoo Licensing Act 1981 (Amendment) (Wales) Regulations 2003 (S.I. 2003/992), regs. 1(1), 2(1), Sch. para. 17(b) (with reg. 4))

F3 S. 16(3)-(3B) substituted (E.) (8.1.2003) for s. 16(3) by S.I. 2002/3080, regs. 1(1), 2, 20(c) (which substitution is extended (W.) (22.4.2003) by The Zoo Licensing Act 1981 (Amendment) (Wales) Regulations 2003 (S.I. 2003/992), regs. 1(1), 2(1), Sch. para. 17(c) (with reg. 4))

F4 S. 16(4A) inserted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 20(d) (which insertion is extended (W.) (22.4.2003) by The Zoo Licensing Act 1981 (Amendment) (Wales) Regulations 2003 (S.I. 2003/992), regs. 1(1), 2(1), Sch. para. 17(d) (with reg. 4)

F5 Words in s. 16(6) substituted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 20(e)(i) (which substitution is extended (W.) (22.4.2003) by The Zoo Licensing Act 1981 (Amendment) (Wales) Regulations 2003 (S.I. 2003/992), regs. 1(1), 2(1), Sch. para. 17(e) (with reg. 4))

F6 Words in s. 16(6) inserted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 20(e)(ii) (which insertion is extended (W.) (22.4.2003) by The Zoo Licensing Act 1981 (Amendment) (Wales) Regulations 2003 (S.I. 2003/992), regs. 1(1), 2(1), Sch. para. 17(e) (with reg. 4))

Modifications etc. (not altering text)

C2 S. 16 modified (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 27(6)

C3 S. 16(2)-(6) applied (with modifications) (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 27(3)

C4 S. 16(2)(3)(4)-(6) applied (with modifications) (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 27(3)

16 Power to alter licences. S

(1) At any time after the grant of a licence under this Act, it may be altered by the local authority if in their opinion it is necessary or desirable to do so for ensuring the proper conduct of the zoo during the period of the licence (whether their opinion arises from an inspectors’ report or an alteration of standards specified under section 9 or otherwise).

[F7 (1A) Subsection (1B) applies where–

(a) the authority have made a direction under section 16A(2) in respect of a zoo;

(b) the period specified in the direction by virtue of section 16A(2)(c), including such a direction as varied under section 16A(4) has expired; and

(c) the authority are satisfied that a condition specified in that direction, which requires any conservation measures referred to in section 1A to be implemented at the zoo, is not met in relation to–

(i) if the zoo was specified under section 16A(2)(b)(i), any section of the zoo;

(ii) if a section of the zoo was specified under section 16A(2)(b)(ii), that section of the zoo or any smaller section of the zoo included in that section.

(1B) The authority shall make such alterations to the licence as they consider to be necessary or desirable to secure that the section of the zoo in relation to which they are satisfied that the condition is not met is closed permanently to the public.]

(2) Before exercising the power under subsection (1), the local authority shall give the holder of the licence an opportunity to make representations.

[F8 (2A) Subsection (2B) applies in place of subsection (2) where the authority propose to make under subsection (1) a significant alteration to a licence (not being one to which subsection (3A) applies), except where the alteration is in accordance with the recommendations in a report pursuant to section 9A(5)(c).

(2B) Before making a significant alteration to a licence the authority shall–

(a) consult the holder of the licence about the alteration they propose to make to the licence;

(b) make arrangements for an inspection to be carried out in accordance with section 9A (subject to subsection (2) of that section); and

(c) consider the report made to them pursuant to that inspection.]

[F9 (3) Subject to subsections (3A) and (3B), at any time after the grant of a licence under this Act, the Scottish Ministers may, after consulting the authority, direct them to alter the licence, and the authority shall give effect to such a direction within a reasonable time.

(3A) If the Scottish Ministers propose to direct the authority to make a significant alteration to a licence, they shall first notify the authority of the proposed alteration and the authority shall–

(a) consult the holder of the licence about the alteration which the Scottish Ministers propose to direct them to make to the licence;

(b) make arrangements for an inspection to be carried out in accordance with section 9A (subject to subsection (2) of that section); and

(c) send a copy of the report made to them pursuant to that inspection to the Scottish Ministers.

(3B) The Scottish Ministers may not direct the authority to make an alteration to the licence which is inconsistent with the implementation at the zoo of the conservation measures referred to in section 1A.]

(4) An alteration under this section may be made by varying, cancelling or attaching conditions or by a combination of any of those methods.

[F10 (4A) Subject to subsection (3), the local authority shall secure that upon its alteration a licence contains such conditions as the authority think necessary or desirable for requiring the conservation measures referred to in section 1A to be implemented at the zoo.]

(5) The authority shall secure that the terms of any condition attached to a licence are not inconsistent with the terms of a condition attached or varied in pursuance of a direction of the Secretary of State.

(6) No alteration made under [F11 this section] shall have effect until written notification of it has been received by the holder of the licence; and this subsection is without prejudice to section 18(7) [F12 and (7A)].

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales

Textual Amendments

F7 S. 16(1A)(1B) inserted (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 20(a)

F8 S. 16(2A) inserted (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 20(b)

F9 S. 16(3)-(3B) substituted (S.) (1.4.2003) for s. 16(3) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 20(c)

F10 S. 16(4A) inserted (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 20(d)

F11 Words in s. 16(6) substituted (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 20(e)(i)

F12 Words in s. 16(6) inserted (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 20(e)(ii)

Modifications etc. (not altering text)

C2 S. 16 modified (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 27(6)

C3 S. 16(2)-(6) applied (with modifications) (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 27(3)