Reform history

- (1) In this Act, “wild animal” means an animal other than one of a kind that is commonly domesticated in the British Islands.

- “animal” has the same meaning as in Part 2 of the Animal Health and Welfare (Scotland) Act 2006 (see section 16 of that Act),

- “British Islands” has the meaning given in schedule 1 of the Interpretation Act 1978.

- “circus operator”, in relation to a circus, means— the owner of the circus, any person, other than the owner, with overall responsibility for the operation of the circus, or if neither of the persons mentioned in paragraph (a) or (b) is present in the United Kingdom, the person in the United Kingdom who is ultimately responsible for the operation of the circus,

- “travelling circus”— means a circus which travels, whether regularly or irregularly, from one place to another for the purpose of providing entertainment, includes— a circus which travels as mentioned in paragraph (a) for the purpose mentioned there, despite there being periods during which it does not travel from one place to another, any place where a wild animal associated with such a circus is kept (including temporarily), (but not, for example, a circus which travels in order to relocate to a new fixed base for use only or mainly as a place to give performances).

- (a) “relevant organisation” means an organisation listed in the first column of the table in subsection (4),

- (b) “responsible individual” means, in relation to a relevant organisation—

| **Organisation** | **Individual** |

| company as mentioned in section 1 of the Companies Act 2006 | member, where the company’s affairs are managed by its members |

- “constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012,

- “domestic premises”— means premises, or a part of premises, used (or used for the time being) exclusively as a dwelling-house, and includes any land or structure— belonging to or usually enjoyed with the dwelling-house, or adjacent to and for the time being enjoyed with the dwelling-house,

- “inspector” means a person appointed as an inspector for the purposes of this Act— by the Scottish Ministers, or by a local authority,

- “premises” includes— land, any other place, including— a vehicle or vessel, a tent or other moveable structure,

- “relevant power” means a power conferred on an inspector or a constable by— a provision of this schedule, or a warrant granted under a provision of this schedule,

- “section 1 offence” means an offence under section 1.

- (5) In this paragraph, “vehicle” includes caravan (within the meaning of section 29(1) of the Caravan Sites and Control of Development Act 1960).

A person exercising a relevant power must, if required, produce evidence of the person’s authority.

- (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 where the inspector acts on reasonable grounds and in good faith.

- (1) In paragraph 1, “Crown land” means land an interest in which—

- (2) In paragraph 1, “appropriate authority” in relation to land—

- (a) “Government Department” means a department of the Government of the United Kingdom,

- (b) the references to Her Majesty’s private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862.