- Latest available (Revised)
- Point in Time (01/04/2003)
- Original (As enacted)
Version Superseded: 22/04/2003
Point in time view as at 01/04/2003. There are multiple versions of this provision on screen. These apply to different geographical extents.This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. status_warning_revised_p22i Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. A later version of this provision including subsequent changes and effects supersedes these versions.
There are currently no known outstanding effects for the Zoo Licensing Act 1981, Section 16F.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)This section applies where a local authority are required to make arrangements under subsection (7) or (8) of section 16E.
(2)The authority may sell or otherwise dispose of any animal in relation to which arrangements are required to be made if—
(a)after making reasonable inquiries they are satisfied that the animal is owned by the operator of the zoo;
(b)after making reasonable inquiries they are unable to identify or unable to find the animal’s owner;
(c)they have obtained the consent of the owner of the animal;
(d)the owner of the animal has been asked for his consent before a date specified in the request, but that date has passed and the authority have not received it, and the owner has not arranged to take possession of the animal or arranged for such possession to be taken by another person; or
(e)the owner has arranged to take possession of the animal or for its possession to be taken by another person, but the date for implementation of the arrangements has passed and they remain unimplemented.
(3)Where an animal is sold or given away under subsection (2), any person to whom the animal is sold or given shall have a good title to it.
(4)Subsections (5) to (9) apply when the authority have sold all the animals which are to be sold under subsection (2).
(5)Subject to subsection (8), the authority shall pay to the operator of the zoo a sum equal to the total proceeds of the sales of animals falling within subsection (6), less any part of the charge which the authority are entitled to make under section 15(2A)(d) which has not been paid.
(6)An animal falls within this subsection if the authority are satisfied that it was owned by the operator of the zoo immediately before its sale under subsection (2) (whether or not they were so satisfied when they exercised their power of sale under that subsection).
(7)Where the authority have identified a person other than the operator whom they are satisfied was the owner of an animal immediately before its sale under subsection (2), they shall (subject to subsection (8)) pay to that person a sum equal to the proceeds of the sale of that animal, less the costs incurred by them in connection with the sale and in caring for the animal before the sale.
(8)If the person to whom the authority are required to make a payment under subsection (5) or (7) cannot be found before the end of the period of four months beginning with the date of the sale of the last animal which is to be sold under subsection (2), the proceeds of sale shall vest in the authority.
(9)Any remaining proceeds of the sales under subsection (2) shall vest in the authority.
(10)An authority must make any payment they are required to make under subsection (5) or (7) before the end of the period of four months beginning with the date of the sale of the last animal which is to be sold under subsection (2), but they shall not make such a payment before the end of the period of one month beginning with the date of that sale.
(11)Nothing in this section shall prevent an authority from making arrangements, on the advice of a veterinary surgeon or practitioner, for an animal to be put down without delay where it is necessary or expedient to do so in the interests of its welfare.]
Textual Amendments
F1S. 16F inserted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 21 (which insertion 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. 18 (with reg. 4))
(1)This section applies where a local authority are required to make arrangements under section 16E(7) or (8).
(2)The authority may sell or otherwise dispose of any animal in relation to which arrangements are required to be made if–
(a)after making reasonable inquiries they are satisfied that the animal is owned by the operator of the zoo;
(b)after making reasonable inquiries they are unable to identify or unable to find the animal’s owner;
(c)they have obtained the consent of the owner of the animal;
(d)the owner of the animal has been asked for his consent before a date specified in the request but that date has passed and the authority have not received it and the owner has not arranged to take possession of the animal or arranged for such possession to be taken by another person; or
(e)the owner has arranged to take possession of the animal or for its possession to be taken by another person, but the date for implementation of the arrangements has passed and they remain unimplemented.
(3)Where an animal is sold or given away under subsection (2) above, any person to whom the animal is sold or given shall have a good title to it.
(4)Subsections (5) to (9) apply when the authority have sold all the animals which are to be sold under subsection (2).
(5)Subject to subsection (8), the authority shall pay to the operator of the zoo a sum equal to the total proceeds of the sales of animals falling within subsection (6), less any part of the charge which the authority are entitled to make under section 15(2A)(d) which has not been paid.
(6)An animal falls within this subsection if the authority are satisfied that it was owned by the operator of the zoo immediately before its sale under subsection (2) (whether or not they were so satisfied when they exercised their power of sale under that subsection).
(7)Where an animal is not owned by the operator and the authority have identified a person whom they are satisfied was the owner of an animal immediately before its sale under subsection (2), they shall (subject to subsection (8)) pay to that person a sum equal to the proceeds of the sale of that animal, less the costs incurred by them in connection with the sale and in caring for the animal before the sale.
(8)If the person to whom the authority is required to make a payment under subsection (5) or (7) cannot be found before the end of the period of four months beginning with the date of the sale of the last animal which is to be sold under subsection (2), the proceeds of sale shall vest in the authority.
(9)Any remaining proceeds of the sales under subsection (2) shall vest in the authority.
(10)An authority must make any payment they are required to make under subsection (5) or (7) before the end of the period of four months beginning with the date of the sale of the last animal which is to be sold under subsection (2), but they shall not make such payment before the end of the period of one month beginning with the date of that sale.
(11)Nothing in this section shall prevent an authority from making arrangements, on the advice of a veterinary surgeon or practitioner, for an animal to be put down without delay where it is necessary or expedient to do so in the interests of its welfare.
(12)References in this section, other than at subsection (2)(a), to an animal owned by the operator of the zoo include an animal which is owned by the operator jointly with any other person.]
Textual Amendments
F2Ss. 16A-16G inserted (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 21
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: