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Zoo Licensing Act 1981
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Changes over time for: Section 19
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19 Offences and penalties.E+W
(1)If a zoo is operated without a licence in contravention of this Act, the operator is guilty of an offence.
(2)If the operator of a zoo fails without reasonable excuse to comply with any condition for the time being attached to a licence for the zoo granted under this Act and held by him, he is guilty of an offence.
(3)Any person who intentionally obstructs an inspector acting pursuant to this Act is guilty of an offence.
[F1(3A)Any person who intentionally obstructs a person duly authorised for the purposes of section 16G(1) or (3) and acting pursuant to that authorisation is guilty of an offence.
(3B)If the holder of a licence for a zoo fails without reasonable excuse to comply with a requirement in a direction under section 16A(2)(d) to close the zoo or a section of it to the public in accordance with the direction, he is guilty of an offence.
(3C)If any person notified in writing of a zoo closure direction pursuant to section 19A(1) or (2) fails without reasonable excuse to comply with that direction he is guilty of an offence.
(3D)If the operator of a zoo fails without reasonable excuse to comply with a local authority’s request for information under section 16E(3), he is guilty of an offence.
(3E)If, contrary to section 16E(5), the operator of a zoo without reasonable excuse and without the agreement of the authority disposes of any animal kept in the zoo—
(a)before a plan prepared under section 16E(2) has been approved by the authority; or
(b)otherwise than in accordance with such a plan which has been approved by the authority,
he is guilty of an offence.
(3F)If the operator of a zoo fails without reasonable excuse to comply with a direction under section 16E(6) of which he is notified in writing pursuant to section 19A(1), he is guilty of an offence.
(3G)If, contrary to section 4(8), the holder of a licence for a zoo fails without reasonable excuse to display the zoo licence or a copy of it publicly at each public entrance to the zoo, he is guilty of an offence.]
(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding [F2level 4 on the standard scale] for an offence under subsection (1) [F3, (2), (3A), (3B), (3C), (3E), or (3F)] and [F4level 3 on the standard scale] for an offence under subsection (3) [F5, (3D) or (3G)].
(5)Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributed to any neglect on the part of, any director, manager, secretary or any other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1S. 19(3A)-(3G) inserted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 24(a) (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. 21(a) (with reg. 4))
F2Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F3Words in s. 19(4) substituted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 24(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. 21(b) (with reg. 4))
F4Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F5Words in s. 19(4) inserted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 24(b)(ii) (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. 21(b) (with reg. 4))
19 Offences and penalties.S
(1)If a zoo is operated without a licence in contravention of this Act, the operator is guilty of an offence.
(2)If the operator of a zoo fails without reasonable excuse to comply with any condition for the time being attached to a licence for the zoo granted under this Act and held by him, he is guilty of an offence.
(3)Any person who intentionally obstructs an inspector acting pursuant to this Act is guilty of an offence.
[F6(3A)Any person who intentionally obstructs a person duly authorised for the purposes of section 16G(1) or (3) and acting pursuant to that authorisation is guilty of an offence.
(3B)If the holder of a licence for a zoo fails without reasonable excuse to comply with a direction given under section 16A(2)(d) to close the zoo, or a section of it to the public, for a period, the holder is guilty of an offence.
(3C)If any person notified in writing of a zoo closure direction pursuant to section 19A(1) or (2) fails without reasonable excuse to comply with that direction, the operator is guilty of an offence.
(3D)If the operator of a zoo fails without reasonable excuse to comply with a local authority’s request for information under section 16E(3), the operator is guilty of an offence.
(3E)If, contrary to section 16E(5), the operator of a zoo without reasonable excuse and without the agreement of the local authority disposes of any animal kept in the zoo–
(a)before a plan prepared under section 16E(2), has been approved by the authority; or
(b)otherwise than in accordance with such a plan which has been approved by the authority,
the operator is guilty of an offence.
(3F)If the operator of a zoo fails without reasonable excuse to comply with a direction given under section 16E(6), the operator is guilty of an offence.
(3G)If, contrary to section 4(8), the holder of a licence for a zoo fails without reasonable excuse to display the zoo licence or a copy of it publicly at each public entrance to the zoo the holder of the licence is guilty of an offence.]
(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding [F7level 4 on the standard scale] for an offence under subsection (1)[F8, (2), (3A), (3B), (3C), (3E) or (3F)] and [F9level 3 on the standard scale] for an offence under subsection (3)[F10, (3D) or (3G)].
(5)Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributed to any neglect on the part of, any director, manager, secretary or any other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.
Extent Information
E2This version of this provision extends to Scotland only; a separate versions has been created for England and Wales only
Textual Amendments
F6S. 19(3A)-(3G) inserted (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 24(a)
F7Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F8Words in s. 19(4) substituted (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 24(b)(i)
F9Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F10Words in s. 19(4) inserted (S.) (1.4.2003) by The Zoo Licensing Act 1981 Amendment (Scotland) Regulations 2003 (S.S.I. 2003/174), regs. 1(1), 24(b)(ii)
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