Regulation 19 Zoo closure direction for zoos without licencesI1

Northern Ireland

(1)

This regulation applies to a zoo –

(a)

which is being operated without a licence in contravention of regulation 3; and

(b)

in relation to which no direction under regulation 4 is in force.

(2)

Where the Department is satisfied, after reasonable enquiries have been made, that the operator of a zoo to which this regulation applies cannot be found, it shall make a zoo closure direction in respect of the zoo.

(3)

Unless the Department has made a direction under regulation 4(1), the Department shall give to the operator of the zoo (unless after reasonable enquiries have been made, he cannot be found) at least 35 days' notice in writing of its intention to make a zoo closure direction.

(4)

Where notice has been given under paragraph (3), unless before the expiry of the period referred to in that paragraph, notice is given to the Department under regulation 5(2) of an intention to make an application for a licence for the zoo, the Department shall make a zoo closure direction in respect of the zoo after the expiry of that period.

(5)

Where before the expiry of the period referred to in paragraph (3) notice is given to the Department under regulation 5(2) of an intention to make an application for a licence for the zoo, but –

(a)

an application for a licence for the zoo is not made by the end of a period of two months beginning on the date on which the notice was given under regulation 5(2), or

(b)

the application for a licence for that zoo is refused and –

(i)

no appeal is brought against the refusal within the time mentioned in regulation 23(2), or

(ii)

if an appeal is brought against the refusal within the time mentioned in regulation 23(2), it is abandoned, or the court confirms the decision to refuse the application,

the Department shall make a zoo closure direction in respect of the zoo.

(6)

A zoo closure direction made under this regulation may be revoked by a further direction of the Department made after it has first consulted such persons as it thinks fit.

Annotations

Commencement

I1: Reg. 19 in operation at 31.3.2003, see reg. 1