Wild Animals in Circuses (No. 2) Bill (HL Bill 180)

A

BILL

TO

Make provision to prohibit the use of wild animals in travelling circuses.

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:—

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)
5A 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
10the 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 is liable
to be proceeded against and punished accordingly.

(5) 15In 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)

    20any 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
    25responsible for the operation of the circus;

  • “officer”, in relation to a body corporate, means—

    Wild Animals in Circuses (No. 2) BillPage 2

    (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
    5domesticated in Great Britain.

2 Inspections

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

3 Consequential amendment

In section 5(2) of the Dangerous Wild Animals Act 1976 (exemption from Act
10for animals kept in circuses), after “circus” insert “in Wales”.

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) 15This Act may be cited as the Wild Animals in Circuses Act 2019.

Wild Animals in Circuses (No. 2) BillPage 3

Section 2

SCHEDULE Inspections

Appointment of inspectors

1 The Secretary of State may appoint a person to be an inspector for the
5purposes of this Act.

Powers of entry

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
10committed on the premises, or

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

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) 15A 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) 20that 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
25is 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) 30that 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

4 (1) Before exercising a power of entry, an inspector must, if requested to do so
35by a person on the premises—

(a) produce evidence of the inspector’s identity, and

(b) outline the purpose for which the power is exercised.

Wild Animals in Circuses (No. 2) BillPage 4

(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
5inspector 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.

5 An inspector exercising a power of entry must do so at a reasonable hour
10unless it appears to the inspector that the purpose of entry would be
frustrated by entry at a reasonable hour.

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) 15take such equipment and materials on to the premises as appear to
the inspector to be appropriate.

Powers of inspection etc

7 An inspector exercising a power of entry may—

(a) search the premises;

(b) 20examine, 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) 25take 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
30record (in whatever form it is held) that is in the person’s possession
or control;

(i) take copies of or extracts from any document or record found on the
premises (in whatever form it is held);

(j) require information which is stored in an electronic form and is
35accessible from the premises to be produced in a form in which it can
be taken away and in which it is visible and legible (or from which it
can readily be produced in a visible and legible form);

(k) seize anything, except an animal, that is found on the premises and
which the inspector reasonably believes to be evidence of the
40commission of an offence under section 1.

8 A person taken on to the premises under paragraph 6(b) may exercise any
power conferred on an inspector by paragraph 7 if the person is in the
company and under the supervision of an inspector exercising a power of
entry.

Wild Animals in Circuses (No. 2) BillPage 5

Powers of seizure: supplementary

9 (1) Anything seized under paragraph 7(k) may be retained for so long as is
necessary in all the circumstances.

(2) A person who seizes anything under paragraph 7(k) must, if requested to do
5so by a person who occupied the premises at the time of the seizure or who
had possession or control of the thing immediately before it was seized,
provide a record of its seizure.

(3) Paragraph 7(k) does not include power to seize anything in respect of which
a claim to legal professional privilege could be maintained in legal
10proceedings.

Obstruction etc

10 (1) A person is guilty of an offence if—

(a) the person fails without reasonable excuse to comply with a
requirement for assistance reasonably made under paragraph 7(d),
15or

(b) the person intentionally obstructs another person in the exercise of a
function under this Schedule.

(2) A person who is guilty of an offence under sub-paragraph (1)(a) or (b) is
liable on summary conviction to a fine.

20Liability of inspectors

11 (1) An inspector is not liable in any civil or criminal proceedings for anything
done in the purported performance of the inspector’s functions under this
Schedule if the court is satisfied that the act was done in good faith and that
there were reasonable grounds for doing it.

(2) 25Sub-paragraph (1) applies to any person taken on to premises by an
inspector under paragraph 6(b) as it applies to an inspector if the person is
in the company and under the supervision of an inspector exercising
functions under this Schedule.

Interpretation

12 (1) 30In this Schedule—

  • “power of entry” means a power of entry conferred on an inspector by
    paragraph 2 or by a warrant under paragraph 3;

  • “premises” includes any place and, in particular, includes—

    (a)

    any vehicle, and

    (b)

    35any tent or movable structure.

(2) In this Schedule, references to the occupier of premises, in relation to any
vehicle, are to the person who appears to be in charge of the vehicle, and
“unoccupied” is to be construed accordingly.