Wild Animals in Circuses Act 2019

Publication Date:January 01, 2019
 
FREE EXCERPT


Wild Animals in Circuses Act 2019

2019 Chapter 24

An Act to make provision to prohibit the use of wild animals in travelling circuses.

[24 July 2019]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Prohibition on use of wild animals in travelling circuses in England

1 Prohibition on use of wild animals in travelling circuses in England

(1) A circus operator may not use a wild animal in a travelling circus in England.

(2) For the purposes of this section, a circus operator uses a wild animal in a travelling circus if the animal performs or is exhibited as part of the circus.

(3) A circus operator who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine.

(4) Where an offence under this section is committed by a body corporate and is proved—

(a)

to have been committed with the consent or connivance of an officer of the body corporate, or

(b)

to be attributable to any neglect on the part of an officer of the body corporate,

the officer (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) In this Act—

“animal” has the meaning given by section 1(1) of the Animal Welfare Act 2006;

“circus operator”, in relation to a circus, means—(a) the owner of the circus,(b) any other person with overall responsibility for the operation of the circus, and(c) if neither the owner of the circus nor any person with overall responsibility for its operation is present in the United Kingdom, the person in the United Kingdom who is ultimately responsible for the operation of the circus;

“officer”, in relation to a body corporate, means—(a) a director, manager, secretary or other similar officer of the body corporate, and(b) any person purporting to act in any such capacity;

“wild animal” means an animal of a kind which is not commonly domesticated in Great Britain.

S-2 Inspections

2 Inspections

The Schedule makes provision about inspections for the purposes of this Act.

S-3 Consequential amendment

3 Consequential amendment

In section 5(2) of the Dangerous Wild Animals Act 1976 (exemption from Act for animals kept in circuses), after “circus” insert “in Wales”.

S-4 Extent, commencement and short title

4 Extent, commencement and short title

(1) This Act extends to England and Wales only, except that the amendment made by section 3 also extends to Scotland.

(2) This Act comes into force on 20 January 2020.

(3) This Act may be cited as the Wild Animals in Circuses Act 2019.

SCHEDULE

Inspections

SCH-1.1

The Secretary of State may appoint a person to be an inspector for the purposes of this Act.

Powers of entry

SCH-1.2

2 An inspector may enter any premises (other than premises used only as a dwelling) if there are reasonable grounds for suspecting—

(a) that an offence under section 1 is being, has been or is about to be committed on the premises, or

(b) that evidence of the commission of an offence under section 1 may be found on the premises.

SCH-1.3

3

(1) An inspector may enter premises used only as a dwelling if a justice of the peace has issued a warrant authorising the inspector to enter those premises.

(2) A justice of the peace may only issue such a warrant if, on an application by an inspector, the justice is satisfied on sworn information in writing—

(a)

that there are reasonable grounds for suspecting—

(i) that an offence under section 1 is being, has been or is about to be committed on the premises, or

(ii) that evidence of the commission of an offence under section 1 may be found on the premises; and

(b)

that any of the conditions in sub-paragraph (3) is satisfied.

(3) The conditions are—

(a)

that entry to the premises is unlikely to be granted unless a warrant is produced and that notice of intention to apply for a warrant has been given to the occupier;

(b)

that an application for admission to the premises or the giving of notice of intention to apply for a warrant might defeat the object of entry;

(c)

that the premises are unoccupied;

(d)

that the occupier is temporarily absent and it might defeat the object of entry to wait for the occupier’s return.

Exercise of powers of entry

SCH-1.4

4

(1) Before exercising a power of entry, an inspector must, if requested to do so by a person on the premises—

(a)

produce evidence of the inspector’s identity, and

(b)

outline the purpose for which the power is exercised.

(2) Where an inspector enters premises under a warrant issued under paragraph 3, the inspector must also—

(a)

produce a copy of the warrant, and

(b)

supply the occupier (if present), or any other person appearing to the inspector to be in charge of the premises, with a copy of the warrant.

(3) If neither the occupier nor any other person appearing to the inspector to be in charge of the premises is present, the inspector must leave a copy of the warrant in a prominent place on the premises.

SCH-1.5

5 An inspector exercising a power of entry must do so at a reasonable hour unless it appears to the inspector that the purpose of entry would be frustrated by entry at a reasonable hour.

SCH-1.6

6 An inspector exercising a power of entry may—

(a) if necessary, use reasonable force to enter the premises;

(b) take up to two other persons on to the premises;

(c) take such equipment and materials on to the premises as appear to the inspector to be appropriate.

Powers of inspection etc

SCH-1.7

7 An inspector exercising a power of entry may—

(a) search the premises;

(b) examine, measure or test anything, including an animal, that is found on the premises;

(c) question any person on the premises;

(d) require any person on the premises to give the inspector such assistance as the inspector may reasonably require;

(e) take a sample (including a sample from an animal);

(f) mark an animal found on the premises for identification purposes;

(g) take a photograph or video recording of anything, including an animal, that is found on the premises;

(h) require any person on the premises to produce any document or record (in whatever form it is held) that is in the...

To continue reading

REQUEST YOUR TRIAL