A local authority which incurs any expenditure in exercising its powers under subsection (1)(b) of this section shall be entitled to recover the amount of the expenditure summarily as a civil debt from the person to whom the licence concerned was granted. (ii) be supplied with adequate and suitable food, drink and bedding material and be visited at suitable intervals; (d) appropriate steps will at all such times be taken for the protection of any animal concerned in case of fire or other emergency; (e) all reasonable precautions will be taken at all such times to prevent and control the spread of infectious diseases; (f) while any animal concerned is at the premises where it will normally be held, its accommodation is such that it can take adequate exercise. If you wish to keep an animal considered to be wild, dangerous or exotic, you will need to obtain a licence under the Dangerous Wild Animals Act 1976. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. The Dangerous Wild Animals Act 1976 cannot be considered to be an effective mechanism for protecting the welfare of pet primates. Dangerous Wild Animal Act 1976. You can change your choices at any time by visiting Your privacy controls. 4 Power to seize and to dispose of animals without compensation. They also need targets to meet where the animals have to have a suitable environment (to live in) Ensure they have normal behaviour patterns to be protected from pain, Please help us to change the Dangerous Wild Animals Act 1976 to better protect these animals and the general public. The local authority that holds the licence may enter the premises where the animal is being kept at all reasonable times to determine whether an offence has been committed in violation of the act. (1) If the Secretary of State is satisfied that the scope of this Act should be extended so as to include animals of a kind not for the time being specified in the Schedule to this Act or diminished so as to exclude animals of a kind for the time being specified in that Schedule, he may by order make the necessary modifications to that Schedule and any such order may be revoked by a subsequent order under this subsection. Power of Secretary of State to modify the Schedule. . The Dangerous Wild Animals Act ("DWAA") was originally enacted in 1976 and amended in 2010. ], F1 Schedule substituted by S.I. Conditions for the Keeping of a Dangerous Wild Animal. Equus caballus and Equus asinus x Equus caballus, Asses, horses and zebras (the donkey, domestic horse and domestic hybrids are excepted), Tree and rock hyraxes (otherwise known as dassies), Bovidae, except any domestic form of the general Bos and Bubalus, of the species Capra aegagrus (hireus) and the species Ovis aries, Antelopes, bison, buffalo, cattle, gazelles, goats and sheep (domestic cattle, goats and sheep are excepted), Camelidae except the species Lama glama and Lama pacos, Camels, the guanaco and the vicugna (the domestic llama and alpaca are excepted), Cervidae of the species Alces alces and Rangifer tarandus, except any domestic form of the species Rangifer trandus, The moose or elk and the caribou or reindeer (the domestic reindeer is excepted), The hippopotamus and the pygmy hippopotamus, Suidae, except any domestic form of the species Sus scrofa, Old-world pigs (including the wild boar and the wart hog) (the domestic pig is excepted), New-world pigs (otherwise known as peccaries), Any hybrid of a kind of animal specified in the foregoing provisions of this column where one parent is, or both parents are, of a kind so specified, Mammalian hybrids with a parent (or parents of a specified kind, The gharial (otherwise known as the gavial), Colubridae of the species of the genera Atractaspis, Malpolon, Psammophis and Thelatornis and of the species Boiga dendrophila, Dispholidus typus, Rhabdophis subminiatus and Rhabdophis tigrinus Elapidae, Mole vipers and certain rear-fanged venomous snakes (including the moila and montpellier snakes, sand snakes, twig snakes, the mangrove (otherwise known as the yellow-ringed catsnake), the boomslang, the red-necked keelback and the yamakagashie (otherwise known as the Japanese tiger-snake) ) Certain front-fanged venomous snakes (including cobras, coral snakes, the desert black snake, kraits, mambas, sea snakes and all Australian poisonous snakes (including the death adders)), The gila monster and the (Mexican) beaded lizard, Certain front-fanged venomous snakes . (1)Subject to subsection (2) of this section, for the purposes of this Act a person is a keeper of an animal if he has it in his possession; and if at any time an animal ceases to be in the possession of a person, any person who immediately before that time was a keeper thereof by virtue of the preceding provisions of this subsection continues to be a keeper of the animal until another person becomes a keeper thereof by virtue of those provisions. The Pet Animals Act 1951; The Animals (Cruel Poisons) Act 1962; The Animal Boarding Establishments Act 1963; The Riding Establishments Acts 1964 and 1970; Breeding of Dogs Act 1973; Animal Welfare Act 2006, Sections 4,5,6(1)(2), 7 to 9 and 11; The Court by which he is convicted may cancel any Licence held by him/her under the Dangerous Wild Animals Act 1976, and may, whether or not he is The provisions of this Act shall not apply to any dangerous wild animal kept in:— [F1(1) a zoo within the meaning of the Zoo Licensing Act 1981 for which a licence is in force (or is not for the time being required) under that Act;] (2) a circus; (3) premises licensed as a pet shop under the M1Pet Animals Act 1951; (4) a place [F2 which is a designated establishment within the meaning of the Animals (Scientific Procedures) Act 1986]. .I. 7 Interpretation. Notwithstanding anything in this Act, a person who immediately before the date of the commencement of this Act was keeping a dangerous wild animal at any premises and who is not disqualified as mentioned in section 6(2) of this Act, shall be entitled to keep such animal at those premises without a licence under this Act—, (a) for the period of 90 days beginning with that date; and. 8. 10 Short title, commencement and extent. All annotations contain links to the affecting legislation. A local authority which grants a licence under this Act may at any time vary the licence by specifying any new condition of the licence or varying or revoking any condition of it (including any condition specified, or previously varied, under this subsection); but any condition of a licence specified by virtue of subsection (6) of this section may not be revoked and any condition specified by virtue of paragraph (a)(ii) of that subsection may not be varied. These give the scientific name of the relevant taxon, sometimes with a common name gloss. 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). 1996/396, art. . Power to seize and to dispose of animals without compensation. is accompanied by such fee as the authority may stipulate (being a fee which is in the authority’s opinion sufficient to meet the direct and indirect costs which it may incur as a result of the application). (1)Any person guilty of an offence under any provision of this Act shall be liable on summary conviction to a fine not exceeding [F1level 5 on the standard scale]. Please sign and share today. 2. 4); S.I. (4) Any person who wilfully obstructs or delays any person in the exercise of his power of entry or inspection under this section shall be guilty of an offence. 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). 16 para. 51, Sch. Any changes that have already been made by the team appear in the content and are referenced with annotations. 3 para. Author Merrily Harpur discusses one of the most popular theories behind Big Cats in Britain - The Dangerous Wild Animals Act of 1976. . Legislation. (e) is accompanied by such fee as the authority may stipulate (being a fee which is in the authority’s opinion sufficient to meet the direct and indirect costs which it may incur as a result of the application). (5) A local authority shall not grant a licence under this Act unless a veterinary surgeon or veterinary practitioner authorised by the authority to do so under section 3 of this Act has inspected the premises where any animal will normally be held in pursuance of the licence and the authority has received and considered a report by the surgeon or practitioner, containing such particulars as in the authority’s opinion enable it to decide whether the premises are such that any animal proposed to be kept under the authority of the licence may suitably be held there, and describing the condition of the premises and of any animal or other thing found there. (a) specifies the species (whether one or more) of animal, and the number of animals of each species, proposed to be kept under the authority of the licence; (b) specifies the premises where any animal concerned will normally be held; (c) is made to the local authority in whose area those premises are situated; (d) is made by a person who is neither under the age of 18 nor disqualified under this Act from keeping any dangerous wild animal; and. Annotations:Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. (4) In the event of the death of anyone to whom a licence has been granted under this Act the said licence shall continue in force for a period of twenty-eight days as if it had been granted to the personal representatives of the deceased and if application is made for a new licence within the said period the said licence shall be deemed to be still in force pending the grant or refusal of that application. 10. The dangerous animals act prevents people keeping many wild animals as 'pets' because they are dangerous. I APPLY for a Licence under the Dangerous Wild Animals Act 1976 in respect of which I . Full name and private address of applicant(s) Name Address Telephone No 2. NOTE: See section 7(5) of this Act for the effect of the second column of this Schedule. This Act does not extend to Northern Ireland. (4) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say— “circus” includes any place where animals are kept or introduced wholly or mainly for the purpose of performing tricks or manoeuvres; “damage” includes the death of, or injury to, any person; “dangerous wild animal” means any animal of a kind for the time being specified in the first column of the Schedule to this Act; “local authority” means in relation to England F1. (5) Any person who contravenes the provisions of section 1(1) of this Act shall be guilty of an offence. In the former case, the licence shall come into force at the beginning of the day on which it is granted, and in the latter case it shall come into force at the beginning of the next following year. (a) a person is aggrieved by the refusal of a local authority to grant a licence under this Act, or. To enable Verizon Media and our partners to process your personal data select 'I agree', or select 'Manage settings' for more information and to manage your choices. Annotations:Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. 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). 10. Bad: Restricts the size of endangered species breeding programs. Where a local authority varies a licence under subsection (9) of this section, then—. A local authority shall not grant a licence under this Act unless a veterinary surgeon or veterinary practitioner authorised by the authority to do so under section 3 of this Act has inspected the premises where any animal will normally be held in pursuance of the licence and the authority has received and considered a report by the surgeon or practitioner, containing such particulars as in the authority’s opinion enable it to decide whether the premises are such that any animal proposed to be kept under the authority of the licence may suitably be held there, and describing the condition of the premises and of any animal or other thing found there. for the period of 90 days beginning with that date; and. (3) This Act does not extend to Northern Ireland. (6) Subject to subsections (2) to (5) of this section, a local authority may grant or refuse a licence under this Act as it thinks fit, but where it decides to grant such a licence it shall specify as conditions of the licence—, (a) conditions that, while any animal concerned is being kept only under the authority of the licence,—. it is not contrary to the public interest on the grounds of safety, nuisance or otherwise to grant the licence; the applicant for the licence is a suitable person to hold a licence under this Act; any animal concerned will at all times of its being kept only under the authority of the licence—, be held in accommodation which secures that the animal will not escape, which is suitable as regards construction, size, temperature, lighting, ventilation, drainage and cleanliness and which is suitable for the number of animals proposed to be held in the accommodation, and. he may appeal to a magistrates’ court; and the court may on such appeal give such directions with respect to the grant of a licence or, as the case may be, with respect to the conditions of the licence as it thinks proper, having regard to the provisions of this Act. (b) any condition of a licence under this Act is contravened or not complied with. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289F, 289G. The enclosure for the animal shall be secure to the degree that no unauthorised person can come into contact with the animal. Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. Subject to section 5 of this Act, no person shall keep any dangerous wild animal except under the authority of a licence granted in accordance with the provisions of this Act by a local authority. (2) The power conferred by the foregoing subsection on the Secretary of State shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. They appear at the foot of the relevant provision or under the associated heading. The power conferred by the foregoing subsection on the Secretary of State shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 17 paras. [22nd July 1976] Modifications etc. (v) the terms of any such policy shall be satisfactory in the opinion of the authority; (b) conditions restricting the species (whether one or more) of animal, and number of animals of each species, which may be kept under the authority of the licence; (c) a condition that the person to whom the licence is granted shall at all reasonable times make available a copy of the licence to any person entitled to keep any animal under the authority of the licence; (d) such other conditions as in the opinion of the authority are necessary or desirable for the purpose of securing the objects specified in paragraphs (c) to (f) of subsection (3) of this section. Each annotation is identified by a sequential reference number. . Dangerous Wild Animals Act 1976 1976 CHAPTER 38 An Act to regulate the keeping of certain kinds of dangerous wild animals. The local authority may require the person who has applied for a licence under this Act or, as the case may be, to whom the licence concerned has been granted under this Act to pay the local authority the reasonable costs of the inspection. Summary: The Dangerous Wild Animals Act ("DWAA") was originally … (2) A local authority which incurs any expenditure in exercising its powers under subsection (1)(a) of this section shall be entitled to recover the amount of the expenditure summarily as a civil debt from any person who was at the time of the seizure a keeper of the animal concerned. 1996/396, art. This Act aims to ensure that where private individuals keep dangerous wild animals they do so in circumstances which create no risk to the public, and which safeguard the welfare of the animal. 54(5)(7), 55(5), Sch. Ownership of dangerous wild animals is permitted in England, but is subject to obtaining a license for each animal held. 2 Provisions supplementary to section 1. The animal(s) will be supplied with adequate and suitable foo… dangerous wild animals: a category laid down in the Dangerous Wild Animals Act 1976 that deals with licensing and criminal liability. Anybody found guilty of keeping an animal covered by the Dangerous Wild Animals Act 1976 without a licence to do so or anybody found guilty of failing to comply with any licence condition shall be subject to a fine not exceeding £2,000. . © 2021 Michigan State University College of Law. (8) In the application of this section to Scotland, in subsection (1) for any reference to a magistrates’ court there shall be substituted a reference to the sheriff. be supplied with adequate and suitable food, drink and bedding material and be visited at suitable intervals; appropriate steps will at all such times be taken for the protection of any animal concerned in case of fire or other emergency; all reasonable precautions will be taken at all such times to prevent and control the spread of infectious diseases; while any animal concerned is at the premises where it will normally be held, its accommodation is such that it can take adequate exercise. (a) it is not contrary to the public interest on the grounds of safety, nuisance or otherwise to grant the licence; (b) the applicant for the licence is a suitable person to hold a licence under this Act; (c) any animal concerned will at all times of its being kept only under the authority of the licence—, (i) be held in accommodation which secures that the animal will not escape, which is suitable as regards construction, size, temperature, lighting, ventilation, drainage and cleanliness and which is suitable for the number of animals proposed to be held in the accommodation, and. (a ) an animal is being kept contrary to section 1(1) of this Act, or. any other person who is entitled to keep any animal under the authority of the licence and who was primarily responsible for the contravention or failure to comply. (2) A local authority shall not give an authority under subsection (1) of this section to inspect premises situated outside its area unless it has obtained the approval of the local authority in whose area those premises are situated.
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