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18.—(1) References in these Regulations to a “zoo closure direction” are to a direction requiring a zoo to be closed to the public forthwith.
(2) The Department shall make a zoo closure direction in respect of a zoo licensed under these Regulations where –
(a)it has made a direction under regulation 17(2) in respect of the zoo or a section of it;
(b)the period specified in the direction by virtue of regulation 17(2)(c), including such a direction as varied under regulation 17(4) has expired; and
(c)it is satisfied, after giving the holder of the licence an opportunity to be heard, that the condition specified in the direction under regulation 17(2) is not met in relation to the zoo or a section of it, as specified in the direction.
(3) The Department shall make a zoo closure direction in respect of a zoo licensed under these Regulations where it is satisfied, after reasonable enquiries have been made, that the holder of the licence cannot be found.
(4) The Department shall make a zoo closure direction in respect of a zoo licensed under these Regulations where, after giving the holder of the licence an opportunity to be heard –
(a)it is satisfied that members of the public have had access to it on fewer than seven days in the period of twelve months ending on the date on which the Department determines that it is satisfied; and
(b)it does not appear to it that it is the intention of the holder of the licence that members of the public will have access to it on seven days or more during any future period of twelve months.
(5) Subject to paragraph (6), the Department may, after giving the holder of the licence an opportunity to be heard, make a zoo closure direction in respect of a zoo licensed under these Regulations if –
(a)the holder of the licence (or where the holder of the licence is a body corporate, the body or any director, manager, secretary or other similar officer of the body) is convicted of any offence mentioned in regulation 6(4); or
(b)any person who, to the knowledge of the holder of the licence, has been so convicted is employed as a keeper in the zoo.
(6) The Department may not make a zoo closure direction under paragraph (5) if a direction under regulation 17(2) is in force in respect of the zoo and –
(a)when that direction was made there were grounds upon which the Department could have made a zoo closure direction under paragraph (5) in respect of the zoo, but it chose not to do so; and
(b)the grounds upon which it would make a zoo closure direction under paragraph (5) are the same as any of those upon which it could have made one when it made the direction under regulation 17(2) instead.
(7) Where the Department makes a zoo closure direction in respect of a zoo under this regulation, the zoo’s licence is revoked from the date on which the direction has effect.
(8) A zoo closure direction made under this regulation may be revoked by a further direction of the Department made after it has first consulted such persons as it thinks fit.
Commencement Information
I1Reg. 18 in operation at 31.3.2003, see reg. 1
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