Modifications etc. (not altering text)

C1Act: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

InspectionsE+W+S

10 Periodical inspections.E+W

(1)The local authority shall carry out periodical inspections in accordance with this section of any zoo for which a licence granted by that authority is in force.

(2)Before any such inspection the local authority shall, after consultation with the operator of the zoo, give him at least twenty-eight days notice of the date upon which it is proposed to carry it out.

(3)Inspections under this section shall be made at the following times—

(a)in the case of an original licence, during the first year and not later than six months before the end of the fourth year of the period of the licence;

(b)in the case of a renewed licence or fresh licence granted to the holder of an existing licence, during the third year and not later than six months before the end of the sixth year of the period of that licence.

(4)The following provisions apply to any inspection to be carried out under this section:—

(a)the inspection shall be conducted by the following inspectors, namely—

(i)not more than three appointed by the local authority, being persons who appear to the authority to be competent for the purpose, at least one of whom shall be a veterinary surgeon or veterinary practitioner; and

(ii)two nominated after consultation with the local authority by the Secretary of State from the list, one from the first part of the list and one from the second;

and the names of all persons inspecting shall be notified to the operator of the zoo;

(b)the operator may give notice to the local authority of objection to any one or more of the inspectors, and the local authority or the Secretary of State as appropriate may if they think fit give effect to any such objection;

(c)representatives of the operator not exceeding three in number may accompany the inspectors on the inspection; and the inspectors may require the attendance of any veterinary surgeon or veterinary practitioner employed in or retained by or for the purposes of the zoo;

(d)the inspection shall extend to all features of the zoo directly or indirectly relevant to the health, welfare and safety of the public and the animals, including measures for the prevention of the escape of animals;

(e)the inspectors shall require the production of all records kept by the operator in pursuance of conditions of the licence [F1requiring the conservation measures referred to in section 1A(f) to be implemented at the zoo,] and the operator shall produce the records.

(5)The inspectors shall send their report to the local authority, and the report may include advice on the keeping of records and recommendations for any practicable improvements designed to bring any features of the zoo up to the normal standards of modern zoo practice; and for this purpose the inspectors shall have regard to any standards known to them which have been specified by the Secretary of State under section 9.

(6)Any disagreement between the inspectors over recommendations to be made in their report relating to the welfare of the animals or any of them may be referred to the Secretary of State, who may, after consultation with such persons on the list as he thinks fit, give such guidance as he thinks proper in regard to the recommendations to be made.

(7)Within one month after receiving the report of the inspection the local authority shall send a copy to the operator of the zoo and give him an opportunity to comment on it.

Extent Information

E1This version of this provision extends to England and Wales; a separate version has been created for Scotland only

Textual Amendments

F1Words in s. 10(4)(e) substituted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 13 (which substitution is extended (W.) (22.4.2003) by virtue of The Zoo Licensing Act 1981 (Amendment) (Wales) Regulations 2003 (S.I. 2003/992), regs. 1(1), 2(1), Sch. para. 10 (with reg. 4))

10 Periodical inspections.S

(1)The local authority shall carry out periodical inspections in accordance with this section of any zoo for which a licence granted by that authority is in force.

(2)Before any such inspection the local authority shall, after consultation with the operator of the zoo, give him at least twenty-eight days notice of the date upon which it is proposed to carry it out.

(3)Inspections under this section shall be made at the following times—

(a)in the case of an original licence, during the first year and not later than six months before the end of the fourth year of the period of the licence;

(b)in the case of a renewed licence or fresh licence granted to the holder of an existing licence, during the third year and not later than six months before the end of the sixth year of the period of that licence.

(4)The following provisions apply to any inspection to be carried out under this section:—

(a)the inspection shall be conducted by the following inspectors, namely—

(i)not more than three appointed by the local authority, being persons who appear to the authority to be competent for the purpose, at least one of whom shall be a veterinary surgeon or veterinary practitioner; and

(ii)two nominated after consultation with the local authority by the Secretary of State from the list, one from the first part of the list and one from the second;

and the names of all persons inspecting shall be notified to the operator of the zoo;

(b)the operator may give notice to the local authority of objection to any one or more of the inspectors, and the local authority or the Secretary of State as appropriate may if they think fit give effect to any such objection;

(c)representatives of the operator not exceeding three in number may accompany the inspectors on the inspection; and the inspectors may require the attendance of any veterinary surgeon or veterinary practitioner employed in or retained by or for the purposes of the zoo;

(d)the inspection shall extend to all features of the zoo directly or indirectly relevant to the health, welfare and safety of the public and the animals, including measures for the prevention of the escape of animals;

(e)the inspectors shall require the production of all records kept by the operator in pursuance of conditions of the licence [F2requiring the conservation measures referred to in section 1A(f) to be implemented at the zoo] and the operator shall produce the records.

(5)The inspectors shall send their report to the local authority, and the report may include advice on the keeping of records and recommendations for any practicable improvements designed to bring any features of the zoo up to the normal standards of modern zoo practice; and for this purpose the inspectors shall have regard to any standards known to them which have been specified by the Secretary of State under section 9.

(6)Any disagreement between the inspectors over recommendations to be made in their report relating to the welfare of the animals or any of them may be referred to the Secretary of State, who may, after consultation with such persons on the list as he thinks fit, give such guidance as he thinks proper in regard to the recommendations to be made.

(7)Within one month after receiving the report of the inspection the local authority shall send a copy to the operator of the zoo and give him an opportunity to comment on it.

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales

Textual Amendments