Zoo Licensing Act 1981

18 Appeals. E+W

[F1 (1) A person aggrieved by—

(a) the refusal to grant a licence;

( b ) any condition attached to a licence;

( c ) any variation or cancellation of a condition;

(d) the refusal to approve the transfer of a licence;

(e) a direction under section 13(8)(c) or 16A(2) or any variation of such a direction;

(f) a zoo closure direction;

(g) the refusal to approve a plan prepared under section 16E(2);

(h) a direction under section 16E(6) or any variation of such a direction; or

(i) any arrangements under section 16E(7) or (8),

may appeal to a magistrates’ court acting for the petty sessions area in which the zoo is situated.]

(2) Any such appeal shall be brought within [F2 twenty-eight] days from the date on which the person wishing to appeal receives written notification of the authority’s decision [F3 as to the matter in question]; but an appeal may be brought under this section whether or not the authority’s decision was made in pursuance of a direction of the Secretary of State under this Act.

(3) On an appeal under this section to a magistrates’ court, the court may confirm, vary or reverse the local authority’s decision and generally give such directions as it thinks proper, having regard to the provisions of this Act.

(4) On an appeal under this section to the sheriff, he shall have power (without prejudice to any other power which he may have) to confirm, vary or reverse the local authority’s decision and to award such expenses as he thinks fit.

(5) The procedure on an appeal to a magistrates’ court under this section shall be by way of complaint for an order, and the M1 Magistrates’ Courts Act 1980 shall apply to the proceedings.

(6) The decision of the sheriff on an appeal under this section shall be final.

(7) In so far as a condition attached to a licence (whether on its grant or later), or the variation of a condition, imposes a requirement on the holder of the licence to carry out works he would not otherwise be required to carry out, the condition or the variation shall not have effect—

(a) during the period within which the holder is entitled to appeal against the attachment or variation, or

(b) where such an appeal is brought within that period, during the period before the appeal is determined or abandoned.

[F4 (7A) An alteration to a licence under section 16(1B) has effect—

(a) if an appeal is brought under this section within the time mentioned in subsection (2), and the authority’s decision is confirmed or varied, on the day following the day on which the appeal is determined, or on such other day as the court directs;

(b) if an appeal is brought under this section within the time mentioned in subsection (2) but is subsequently abandoned, on the day following the day on which the appeal is abandoned, or on such other day as the court directs; or

(c) if no appeal is brought within the time mentioned in subsection (2), on the expiration of that time.]

[F5 (8) Subsection (9) applies to the following directions—

(a) a direction under section 16A(2)(d) which requires the zoo or a section of it to be closed to the public;

(b) a direction under section 13(8)(c), 16A(2) or 16E(6) which imposes a requirement on the operator of the zoo to carry out works he would not otherwise be required to carry out; and

(c) a direction under section 13(8)(c) or 16E(6) which imposes a requirement to dispose of any animals or any variation of such a direction.

(9) A direction to which this subsection applies shall not have effect—

(a) during the period within which the holder is entitled to appeal against it; or

(b) where such an appeal is brought within that period, during the period before the appeal is determined or abandoned.

(10) A zoo closure direction has effect—

(a) if an appeal is brought under this section within the time mentioned in subsection (2), and the authority’s decision is confirmed or varied, on the day following the day on which the appeal is determined, or on such other day as the court directs;

(b) if an appeal is brought under this section within the time mentioned in subsection (2) but is subsequently abandoned, on the day following the day on which the appeal is abandoned, or on such other day as the court directs; or

(c) if no appeal is brought within the time mentioned in subsection (2), on the expiration of that time.]

Extent Information

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

Textual Amendments

F1 S. 18(1) substituted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 23(a) (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. 20(a) (with reg. 4))

F2 Words in s. 18(2) substituted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 23(b)(i) (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. 20(b) (with reg. 4))

F3 Words in s. 18(2) substituted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 23(b)(ii) (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. 20(b) (with reg. 4))

F4 S. 18(7A) inserted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 23(c) (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. 20(c) (with reg. 4))

F5 S. 18(8)-(10) substituted (E.) (8.1.2003) for s. 18(8)(9) by S.I. 2002/3080, regs. 1(1), 2, 23(d) (which substitution is extended (W.) (22.4.2003) by virtue The Zoo Licensing Act 1981 (Amendment) (Wales) Regulations 2003 (S.I. 2003/992), regs. 1(1), 2(1), Sch. para. 20(d) (with reg. 4))

Modifications etc. (not altering text)

C2 S. 18(1)(b)(c)(2)(3)(5)(7) applied (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 27(4)

C3 S. 18(1)(b)(c) applied (22.4.2003) by The Zoo Licensing Act 1981 (Amendment) (Wales) Regulations 2003 (S.I. 2003/992), regs. 1(1), 3(4)

C4 S. 18(2)(3) applied (22.4.2003) by The Zoo Licensing Act 1981 (Amendment) (Wales) Regulations 2003 (S.I. 2003/992), regs. 1(1), 3(4)

C5 S. 18(5) applied (22.4.2003) by The Zoo Licensing Act 1981 (Amendment) (Wales) Regulations 2003 (S.I. 2003/992), regs. 1(1), 3(4)

C6 S. 18(7) applied (22.4.2003) by The Zoo Licensing Act 1981 (Amendment) (Wales) Regulations 2003 (S.I. 2003/992), regs. 1(1), 3(4)

Marginal Citations

M1 1980 c. 43.

18 Appeals. S

[F6 (1) A person aggrieved by–

(a) the refusal to grant a licence;

(b) any condition attached to a licence;

(c) any variation or cancellation of a condition;

(d) the refusal to approve the transfer of a licence;

(e) a direction under section 13(8)(c) at 16A(2) or any variation of such a direction;

(f) a zoo closure direction;

(g) the refusal to approve a plan prepared under section 16E(2);

(h) a direction under section 16E(6) or any variation of such a direction; or

(i) any arrangements under section 16E(7) or (8),

may appeal by summary application to the sheriff.]

(2) Any such appeal shall be brought within [F7 twenty-eight] days from the date on which the person wishing to appeal receives written notification of the authority’s decision [F8 as to the matter in question]; but an appeal may be brought under this section whether or not the authority’s decision was made in pursuance of a direction of the Secretary of State under this Act.

(3) On an appeal under this section to a magistrates’ court, the court may confirm, vary or reverse the local authority’s decision and generally give such directions as it thinks proper, having regard to the provisions of this Act.

(4) On an appeal under this section to the sheriff, he shall have power (without prejudice to any other power which he may have) to confirm, vary or reverse the local authority’s decision and to award such expenses as he thinks fit.

(5) The procedure on an appeal to a magistrates’ court under this section shall be by way of complaint for an order, and the M2 Magistrates’ Courts Act 1980 shall apply to the proceedings.

(6) The decision of the sheriff on an appeal under this section shall be final.

(7) In so far as a condition attached to a licence (whether on its grant or later), or the variation of a condition, imposes a requirement on the holder of the licence to carry out works he would not otherwise be required to carry out, the condition or the variation shall not have effect—

(a) during the period within which the holder is entitled to appeal against the attachment or variation, or

(b) where such an appeal is brought within that period, during the period before the appeal is determined or abandoned.

[F9 (7A) An alteration to a licence under section 16(1B) has effect–

(a) if an appeal is brought under this section within the time mentioned in subsection (2), and the authority’s decision is confirmed or varied, on the day following the day on which the appeal is determined, or on such other day as the court directs;

(b) if an appeal is brought under this section within the time mentioned in subsection (2) but is subsequently abandoned, on the day following the day on which the appeal is abandoned, or on such other day as the court directs; or

(c) if no appeal is brought within the time mentioned in subsection (2), on the expiration of that time.]

[F10 (8) Subsection (9) applies to the following directions:–

(a) a direction under section 16A(2)(d) which requires the zoo or a section of it to be closed to the public;

(b) a direction under section 13(8)(c), 16A(2) or 16E(6) which imposes a requirement on the operator of the zoo to carry out works the operator would not otherwise be required to carry out; and

(c) a direction under section 13(8)(c) or 16E(6) which imposes a requirement to dispose of any animals or any variation of such a direction.

(9) A direction to which this subsection applies shall not have effect–

(a) during the period within which the holder is entitled to appeal against it; or

(b) where such an appeal is brought within that period, during the period before the appeal is determined or abandoned.

(10) A zoo closure direction has effect–

(a) if an appeal is brought under this section within the time mentioned in subsection (2), and the authority’s decision is confirmed or varied, on the day following the day on which the appeal is determined, or on such other date as the courts directs;

(b) if an appeal is brought under this section within the time mentioned in subsection (2) but is subsequently abandoned on the day following the day on which the appeal is abandoned, or on such other day as the court directs; or

(c) if no appeal is brought within the time mentioned in subsection (2), on the expiration of that time.]

Extent Information

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

Textual Amendments

F6 S. 18(1) substituted (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 23(a)

F7 Words in s. 18(2) substituted (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 23(b)(i)

F8 Words in s. 18(2) substituted (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 23(b)(ii)

F9 S. 18(7A) inserted (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 23(c)

F10 S. 18(8)-(10) substituted (S.) (1.4.2003) for s. 18(8)(9) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 23(d)

Modifications etc. (not altering text)

C7 S. 18(2)(4) applied (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 27(4)

C8 S. 18(6)(7) applied (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 27(4)

Marginal Citations

M2 1980 c. 43.