Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. Annotations:Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. 2(1), Sch. (27.3.2007 for W., 6.4.2007 for E.) by, Words in s. 6(2) inserted (E.W.) ], F8Words substituted by virtue of (E.W.) A local authority shall not grant a licence under this Act unless it is satisfied that—. 2007/499, art. The species Macropus fuliginosus, Macropus giganteus, Macropus robustus and Macropus rufus. 9 para. Old-world monkeys (including baboons, the drill, colobus monkeys, the gelada, guenons, langurs, leaf monkeys, macaques, the mandrill, mangabeys, the patas and proboscis monkeys and the talapoin). an animal is being kept contrary to section 1(1) of this Act, or. All species of the genera Alces and Rangifer , except any domestic form of the species Rangifer tarandus. The original version of this provision exists for Scotland. A new version of this provision has been created for England and Wales, Macropus fuliginosus, Macropus giganteus, Macropus robustus, Old-world monkeys (including baboons, the drill, colobus monkeys, the gelada, guenons, langurs, leaf monkeys, macaques, the mandrill, mangabeys, the patas monkey, the proboscis monkey and the talapoin), Alopex, Cerdocyon, Dusicyon, Otocyon, Pseudalopex, Urocyon, Vulpes, Felis silvestris (including the subspecies, Felis margarita, Felis nigripes, Otocolobus manul, Leopardus tigrinus, Leopardus geoffroyi, the other parent is a first generation hybrid of, and any species not described in paragraph (a), and any one or more hybrid cat as described in paragraph (c) (ignoring, for the purpose of determining exclusivity of descent, the parents and remoter ancestors of any hybrid within that paragraph), Arctonyx, Melogale, Mydaus, Taxidea, Pteronura, Aonyx, Enhydra, Bears (including the giant panda and the red panda), : all species except domestic forms of the genera, : all species, except domestic forms of the species, A hybrid of a mammal specified in the first column of this Schedule where one parent is, or both parents are, of a kind so specified, but not including an excepted hybrid of the family, Dispholidus typus, Rhabdophis subminiatus, Rhabdophis tigrinus, Elapomorphus lemniscatus, Philodryas olfersii, Tachymenis peruviana, Xenodon severus, Front-fanged venomous snakes of the specified family (including cobras, coral snakes, kraits, mambas, whipsnakes, death adders and all other Australian poisonous snakes), Front-fanged venomous snakes of the specified family (including adders, the barba amarilla, the bushmaster, the fer-de-lance, moccasins, rattlesnakes and vipers), Sydney funnel-web spider and its close relatives, Brown recluse spiders (also known as violin spiders), This version of this provision extends to England and Wales only. (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. a person to whom such a licence has been granted is aggrieved by a condition of the licence (whether specified at the time the licence is granted or later) or by the variation or revocation of any condition of the licence. Use this menu to access essential accompanying documents and information for this legislation item. 3 para. 10. (3)A court which has ordered the cancellation of a person’s licence, or his disqualification, in pursuance of the last foregoing subsection may, if it thinks fit, suspend the operation of the order pending an appeal. . Apply for a licence to keep a wild animal You need a licence to keep some animals considered to be wild, dangerous or exotic. (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. 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. . 27). Each annotation is identified by a sequential reference number. (3) 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. F1S. Leaping lemurs (including the indri and sifakas). In this Act expressions cognate with “keeper” shall be construed in accordance with subsections (1) and (2) of this section. (3)In this Act expressions cognate with “keeper” shall be construed in accordance with subsections (1) and (2) of this section. All species except those of the genus Homo . 105 (with s. 127); S.I. No versions before this date are available. 2018/486), Animals (Scientific Procedures) Act 1986 (c. 14, SIF 4:5), The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 3266), reg. They appear at the foot of the relevant provision or under the associated heading. . . Each annotation is identified by a sequential reference number. A total of 210 private addresses across 129 local authorities hold licences to keep dangerous wild animals such as lions, tigers, crocodilians and venomous reptiles! To own a dangerous wild animal in the East Riding of Yorkshire you must first obtain a licence from us. being transported on behalf of another person. (2) Any licence under this Act shall (according to the applicant’s requirements) relate to the calendar year in which it is granted or to the next following year. 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. (1)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. 3266), Dangerous Wild Animals Act 1976 (Modification) (Scotland) Order 2008 (S.S.I. 2(2)(l); S.I. (6)If any condition of a licence under this Act is contravened or not complied with, then,—, (a)the person to whom the licence was granted, and. (4)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—. Dangerous and Wild Animals Licence 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. The act has an accompanying Schedule that specifies the kinds of dangerous wild animals for which a person must obtain a licence under the act. All annotations contain links to the affecting legislation. Where a local authority proposes to insert in a licence under this Act a provision permitting any animal to be, for any continuous period exceeding 72 hours, at premises outside the area of the authority, the authority shall consult the local authority in whose area those premises are situated. . F21Sch. . In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—. 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). the Performing Animals (Regulation) Act 1925. or of an offence under any of sections 4, 5, 6(1) and (2), 7 to 9 and 11 of the Animal Welfare Act 2006. All species of the genera Amblonyx, Arctonyx, Aonyx, Enhydra, Lontra, Melogale, Mydaus, Pteronura and Taxidea. Jellyfish. for the period of 90 days beginning with that date; and. 3 para. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 2007/1030, art. (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,—. 2(1)(l), F11Words in s. 6(2) inserted (E.W.) 13 para. Each annotation is identified by a sequential reference number. Snakes: family atractaspididae: all species of the genera atractaspis (burrowing asps (also known as mole vipers, or burrowing vipers).Stiletto snakes; family colubridae: all species of the genera malpolon and thelatornis (all rear-fanged venomous snakes of the specified genera, including Montpellier snakes, the false cobra and twig or bird snakes) (27.3.2007 for W., 6.4.2007 for E.) by. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. 1(2), 58(1), 59, 60); S.I. © 2021 Michigan State University College of Law. 1984/1111, art. (1.10.2018) by virtue of The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (S.I. Public concern about such animals, especially big cats, being kept by individuals brought about the Dangerous Wild Animals Act 1976. 4(c), F20Definition repealed by Zoo Licensing Act 1981 (c. 37, SIF 4:6), s. 22(1)(b). (b) any condition of a licence under this Act is contravened or not complied with. if before the expiration of that period he applies for a licence under this Act, until the licence is granted or finally refused or the application is withdrawn. The amount you pay, when submitting your application, covers the administration costs. (b) if before the expiration of that period he applies for a licence under this Act, until the licence is granted or finally refused or the application is withdrawn. 2(1)(l), F10Words in s. 6(2) inserted (E.W.) The Sydney funnel-web spider and its close relatives. Different options to open legislation in order to view more content on screen at once. . (8) Where a local authority proposes to insert in a licence under this Act a provision permitting any animal to be, for any continuous period exceeding 72 hours, at premises outside the area of the authority, the authority shall consult the local authority in whose area those premises are situated. 2007/499, art. 1(1)(b), Sch. Night monkeys (also known as owl monkeys), titi monkeys and squirrel monkeys are excepted. Short title, commencement and extent. any condition of a licence under this Act is contravened or not complied with. (18.3.2010) by Legislative Reform (Dangerous Wild Animals) (Licensing) Order 2010 (S.I. the wild cat, the pallas cat, the little spotted cat, the Geoffroy’s cat, the kodkod, the bay cat, the sand cat, the black-footed cat, the rusty-spotted cat and the domestic cat; a hybrid cat which is descended exclusively from any one or more species within paragraph (a); a hybrid cat having as one parent a domestic cat and as the other parent a first generation hybrid of a domestic cat and any cat not within paragraph (a); any cat which is descended exclusively from any one or more hybrids within paragraph (c); any cat which is descended exclusively from a domestic cat and any one or more hybrids within paragraph (c). 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). 2(2)(l); S.I. 54(5)(7), 55(5), Sch. The African, large-spotted, Malay and Indian civets and the fossa. 6(3C) inserted (E.W.) In any proceedings for an offence under subsection (6) of this section, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence. In any proceedings for an offence under subsection (6) of this section, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence. Return to the latest available version by using the controls above in the What Version box. We split the licence fee into administration costs and enforcement costs. 8, F15S. 3). This Act does not extend to Northern Ireland. (1) Subject to subsection (2) of this section, a local authority to which an application has been made for a licence under this Act, or which has granted such a licence, may authorise in writing any veterinary surgeon or veterinary practitioner or such other person as it may deem competent to do so to inspect any premises where any animal is proposed to be held in pursuance of a licence for which an application has been made under this Act, or where any animal is or may be held in pursuance of a licence which has been granted under this Act; and any persons authorised under this section may, on producing their authority if so required, enter any such premises at all reasonable times and inspect them and any animal or other thing found there, for the purpose of ascertaining whether or not a licence should be granted or varied or whether an offence has been or is being committed against this Act. . Animals scheduled under the Dangerous Wild Animals Act must be licensed by your local authority to ensure that the animal is held securely. They appear at the foot of the relevant provision or under the associated heading. Subject to subsection (2) of this section, a local authority to which an application has been made for a licence under this Act, or which has granted such a licence, may authorise in writing any veterinary surgeon or veterinary practitioner or such other person as it may deem competent to do so to inspect any premises where any animal is proposed to be held in pursuance of a licence for which an application has been made under this Act, or where any animal is or may be held in pursuance of a licence which has been granted under this Act; and any persons authorised under this section may, on producing their authority if so required, enter any such premises at all reasonable times and inspect them and any animal or other thing found there, for the purpose of ascertaining whether or not a licence should be granted or varied or whether an offence has been or is being committed against this Act. . Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. (3) A local authority shall not grant a licence under this Act unless it is satisfied that—. (27.3.2007 for W., 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), s. 68(3), Sch. 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. For further information see the Editorial Practice Guide and Glossary under Help. 51, Sch. They do this with specialised stinger cells … shall, subject to subsection (7) of this section, be guilty of an offence. 22(1), 23(2)); S.I. (2)[F1Subject to subsection (3A)(a) of this section, any licence under this Act shall come into force immediately upon being granted. 2. (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]. The woolly lemur is excepted. 17 paras. All species including the species Ailuropoda melanoleuca and Ailurus fulgens. New-world pigs (otherwise known as peccaries). (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. The hippopotamus and the pygmy hippopotamus. 1, (a)a person is aggrieved by the refusal of a local authority to grant a licence under this Act, or. 5(1) substituted by Zoo Licensing Act 1981 (c. 37, SIF 4:6), s. 22(1)(a), F2 Words substituted by Animals (Scientific Procedures) Act 1986 (c. 14, SIF 4:5), s. 27(2), Sch. . (2) This Act shall come into operation at the expiration of a period of three months beginning with the date on which it is passed. (2)Where a person is convicted of any offence under this Act or of any offence under the [F9Protection of Animals Acts 1911 to 1964,][F9 Protection of Animals Act 1911, ] the Protection of Animals (Scotland) Acts 1912 to 1964,[F10 the Performing Animals (Regulation) Act 1925, ] the Pet Animals Act 1951,[F11 the Animals (Cruel Poisons) Act 1962, ] the M2Animal Boarding Establishments Act 1963, the M3M4Riding Establishments Acts 1964 and 1970, [F12or the M5Breeding of Dogs Act 1973,][F13 or of an offence under any of sections 4, 5, 6(1) and (2), 7 to 9 and 11 of the Animal Welfare Act 2006, ] the court by which he is convicted may cancel any licence held by him under this Act, and may, whether or not he is the holder of such a licence, disqualify him from keeping any dangerous wild animal for such period as the court thinks fit. 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. [22nd July 1976] 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. 2007/1030, art. Where a person is convicted of an offence under section 13(6) of the Animal Welfare Act 2006 arising from the contravention of section 13(1) of that Act in relation to dog breeding in Wales, or of an offence under the Animal Welfare (Breeding of Dogs) (Wales) Regulations 2014, subsections (2) and (3) apply as they do to convictions under this Act. . Any person who contravenes the provisions of section 1(1) of this Act shall be guilty of an offence. Subject to subsection (3A)(b) of this section and the provisions of this Act with respect to cancellation, any licence granted under this Act shall remain in force for two years and shall then expire. 9 para. (3)premises [F5in Wales] licensed as a pet shop under the M1Pet Animals Act 1951; (4)a place [F6which is [F7the place specified in a section 2C licence] within the meaning of the Animals (Scientific Procedures) Act 1986]. They appear at the foot of the relevant provision or under the associated heading. All cats including the bobcat, caracal, cheetah, jaguar, leopard, lion, lynx, ocelot, puma, serval and tiger. All bears including the giant panda and the red panda. . and any one or more hybrids within paragraph (c) (ignoring, for the purpose of determining exclusivity of descent, the parents and remoter ancestors of any hybrid within paragraph (c)). (2)This Act shall come into operation at the expiration of a period of three months beginning with the date on which it is passed. . No changes have been applied to the text. 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. Where an animal is in the possession of any person for the purpose of—. (27.3.2007 for W., 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), s. 68(3), Sch. Geographical Extent: 3, 4(2), F4S. . Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. (3) 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. 1(4), Sch. 2007/1030, art. Tachymenis peruviana and Xenodon severus. If any condition of a licence under this Act is contravened or not complied with, then,—, the person to whom the licence was granted, and. 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. 9 para. 1(1)(b), Sch. (2) A local authority shall not grant a licence under this Act unless an application for it—. [F1 SCHEDULE - Kinds of Dangerous Wild Animals, [Annotations: Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. 13 para. (b)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. Date: 1976. Power of Secretary of State to modify the Schedule. . 16 para. Brown recluse spiders (otherwise known as violin spiders). Licences are required for any animal which appears on a schedule to the Act. 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. (b)any condition of a licence under this Act is contravened or not complied with. 2018/486), reg. Please help us to change the Dangerous Wild Animals Act 1976 to better protect these animals and the general public. . C3S. (d)being transported on behalf of another person. 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. (27.3.2007 for W., 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), s. 68(3), Sch. 6(3B) inserted (W.) (30.4.2015) by The Animal Welfare (Breeding of Dogs) (Wales) Regulations 2014 (No. 3 para. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). Indicates the geographical area that this provision applies to. 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). (a)an animal is being kept contrary to section 1(1) of this Act, or. 3 para. Any licence under this Act shall (according to the applicant’s requirements) relate to the calendar year in which it is granted or to the next following year. Probably the most extensive legislation relating to exotic animal keeping. (including adders, the barba amarilla, the bushmaster, the copperhead, the fer-de-lance, moccasins, rattlesnakes and vipers), Ctenidae of the species of the genus Phoneutria, Dipluridae of the species of the genus Atrax, The Sydney funnel web spider and its close relatives, Sicariidae of the species of the genus Loxosceles, Brown recluse spiders (otherwise known as violin spiders), Theridiidae of the species of the genus Latrodectus, The black widow spider (otherwise known as redback spider) and its close relatives. For more information see the EUR-Lex public statement on re-use. (a)if the variation was requested by the person to whom the licence was granted, the variation shall take effect immediately after the authority decides to make it; (b)in any other case, the variation shall not take effect until the person to whom the licence was granted has become aware of the variation and had a reasonable time to comply with it. Born Free’s survey reveals that a staggering 3,951 dangerous wild animals are licensed to be kept privately in Great Britain (and there may be many more kept without a licence). Any hybrid of a kind of animal specified (other than by way of exception) in the foregoing provisions of this column where at least one parent is of a kind so specified, and any animal of which at least one parent is such a hybrid. There are outstanding changes not yet made by the legislation.gov.uk editorial team to Dangerous Wild Animals Act 1976. The Dangerous Wild Animals Act 1976 was intended to regulate the keeping of certain kinds of dangerous wild animals in order to protect the public. 2007/2465), art. . 1(2), Sch. 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. The Dangerous Wild Animals Act was introduced in the UK in 1976, with the intention of protecting members of the public from any dangerous animals that people may wish to keep as pets. A local authority shall not grant a licence under this Act unless it is satisfied that—. (5)The second column of the Schedule to this Act is included by way of explanation only; in the event of any dispute or proceedings, only the first column is to be taken into account. Antelopes, bison, buffalo, gazelles, goats and sheep. (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. 4, F3 Words in s. 7(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. F22Sch. An Act to regulate the keeping of certain kinds of dangerous wild animals. 4, F19Words in s. 7(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. Old-world pigs (including the wild boar and the wart hog). . 2(2)-(3B) substituted for s. 2(2) (E.W.) 1(2), 27 (with Sch. 9(d) (with ss. 16 para. 1(2), 58(1), 59, 60); S.I. 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; specifies the premises where any animal concerned will normally be held; is made to the local authority in whose area those premises are situated; 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. (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. Subject to subsection (6) of this section, a local authority may, in granting a licence under this Act, specify such conditions of the licence as it thinks fit. (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. Inspection of the premises by a veterinary surgeon and consideration of their report is obligatory before the local authority may grant a DWA licence. (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.