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Zoo Licensing Act 1981

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16 Power to alter licences.E

(1)At any time after the grant of a licence under this Act, it may be altered by the local authority if in their opinion it is necessary or desirable to do so for ensuring the proper conduct of the zoo during the period of the licence (whether their opinion arises from an inspectors’ report or an alteration of standards specified under section 9 or otherwise).

[F1(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.]

(2)Before exercising the power under subsection (1), the local authority shall give the holder of the licence an opportunity to make representations.

[F2(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.]

[F3(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.]

(4)An alteration under this section may be made by varying, cancelling or attaching conditions or by a combination of any of those methods.

[F4(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.]

(5)The authority shall secure that the terms of any condition attached to a licence are not inconsistent with the terms of a condition attached or varied in pursuance of a direction of the Secretary of State.

(6)No alteration made under [F5this section] shall have effect until written notification of it has been received by the holder of the licence; and this subsection is without prejudice to section 18(7) [F6and (7A)].

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Extent Information

E1This version of this provision extends to England only; separate versions have been created for Scotland only and Wales only

Amendments (Textual)

F1S. 16(1A)(1B) inserted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 20(a)

F2S. 16(2A)(2B) inserted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 20(b)

F3S. 16(3)(3A)(3B) substituted (E.) (8.1.2003) for s. 16(3) by S.I. 2002/3080, regs. 1(1), 2, 20(c)

F4S. 16(4A) inserted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 20(d)

F5Words in s. 16(6) sustituted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 20(e)(i)

F6Words in s. 16(6) inserted (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 20(e)(ii)

Modifications etc. (not altering text)

C2S. 16(2)(3)(4)-(6) applied (with modifications) (E.) (8.1.2003) by S.I. 2002/3080, regs. 1(1), 2, 27(3)

16 Power to alter licences.W

(1)At any time after the grant of a licence under this Act, it may be altered by the local authority if in their opinion it is necessary or desirable to do so for ensuring the proper conduct of the zoo during the period of the licence (whether their opinion arises from an inspectors’ report or an alteration of standards specified under section 9 or otherwise).

(2)Before exercising the power under subsection (1), the local authority shall give the holder of the licence an opportunity to make representations.

(3)If, at any time after the grant of a licence under this Act, the Secretary of State directs a local authority to alter the licence, the authority shall give effect to the direction within a reasonable time.

(4)An alteration under this section may be made by varying, cancelling or attaching conditions or by a combination of any of those methods.

(5)The authority shall secure that the terms of any condition attached to a licence are not inconsistent with the terms of a condition attached or varied in pursuance of a direction of the Secretary of State.

(6)No alteration made under subsection (1) or in pursuance of a direction under subsection (3) shall have effect until written notification of it has been received by the holder of the licence; and this subsection is without prejudice to section 18(7).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E2This version of this provision extends to Wales only; separate versions have been created for England only and Scotland only

16 Power to alter licences.S

(1)At any time after the grant of a licence under this Act, it may be altered by the local authority if in their opinion it is necessary or desirable to do so for ensuring the proper conduct of the zoo during the period of the licence (whether their opinion arises from an inspectors’ report or an alteration of standards specified under section 9 or otherwise).

(2)Before exercising the power under subsection (1), the local authority shall give the holder of the licence an opportunity to make representations.

(3)If, at any time after the grant of a licence under this Act, the Secretary of State directs a local authority to alter the licence, the authority shall give effect to the direction within a reasonable time.

(4)An alteration under this section may be made by varying, cancelling or attaching conditions or by a combination of any of those methods.

(5)The authority shall secure that the terms of any condition attached to a licence are not inconsistent with the terms of a condition attached or varied in pursuance of a direction of the Secretary of State.

(6)No alteration made under subsection (1) or in pursuance of a direction under subsection (3) shall have effect until written notification of it has been received by the holder of the licence; and this subsection is without prejudice to section 18(7).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E3This version of this provision extends to Scotland only; separate versions have been created for England only and Wales only

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