The Zoo Licensing Act 1981 (Amendment) (Wales) Regulations 2003

(Regulation 20 of the 2002 Regulations) E+W

17.—(a) after subsection (1) insert the following subsections—

“(1A) Subsection (1B) applies where—

(a) the authority have made a direction under section 16A(2) in respect of a zoo;

(b) the period specified in that direction by virtue of section 16A(2)(c), including such a direction as varied under section 16A(4), has expired; and

(c) the authority are satisfied that a condition specified in that direction which requires any conservation measure referred to in section 1A to be implemented at the zoo is not met in relation to—

(i) if the zoo was specified under section 16A(2)(b)(i), any section of the zoo;

(ii) if a section of the zoo was specified under section 16A(2)(b)(ii), that section of the zoo or any smaller section of the zoo included in that section.

(1B) The authority shall make such alterations to the licence as they consider to be necessary or desirable to ensure that the section of the zoo in relation to which they are satisfied that the condition is not met is closed permanently to the public.”;

(b) after subsection (2) insert the following subsections—

“(2A) Subsection (2B) applies in place of subsection (2) where the authority propose to make under subsection (1) a significant alteration to a licence (not being one to which subsection (3A) applies), except where the alteration is in accordance with the recommendations in a report pursuant to section 9A(5)(c).

(2B) Before making a significant alteration to a licence the authority shall—

(a) consult the holder of the licence about the alteration they propose to make to the licence;

(b) make arrangements for an inspection to be carried out in accordance with section 9A (subject to subsection (2) of that section); and

(c) consider the report made to them pursuant to that inspection.”;

(c) for subsection (3) substitute the following subsections—

“(3) Subject to subsections (3A) and (3B), at any time after the grant of a licence under this Act, the Secretary of State may, after consulting the authority, direct them to alter the licence, and the authority shall give effect to such a direction within a reasonable time.

(3A) If the Secretary of State proposes to direct the authority to make a significant alteration to a licence, he shall first notify them of the proposed alteration and the authority shall—

(a) consult the holder of the licence about the alteration which the Secretary of State proposes to direct them to make to the licence;

(b) make arrangements for an inspection to be carried out in accordance with section 9A (subject to subsection (2) of that section); and

(c) send a copy of the report made to them pursuant to that inspection to the Secretary of State.

(3B) The Secretary of State may not direct the authority to make an alteration to the licence which is inconsistent with the implementation at the zoo of the conservation measures referred to in section 1A.”;

(d) after subsection (4) insert the following subsection—

“(4A) Subject to subsection (3), the authority shall secure that upon its alteration a licence contains such conditions as the authority think necessary or desirable for requiring the conservation measures referred to in section 1A to be implemented at the zoo.”; and

(e) in subsection (6)—

(i) for “subsection (1) or in pursuance of a direction under subsection (3)” substitute “this section”, and

(ii) at the end insert “and (7A)”.

Commencement Information

I1 Sch. para. 17 in force at 22.4.2003, see reg. 1(1)