Performing Animals (Regulation)
1925 CHAPTER 38
||An Act to regulate the Exhibition and
Training of Performing Animals
[30th June 1925]
1 Restriction on exhibition and training of performing animals
(1) No person shall exhibit or train any performing animal
unless he is registered in accordance with this Act.
(2) Every local authority shall keep a register for the purpose
of this Act, and any person who exhibits or trains animals as aforesaid on making
an application in the prescribed form to the local authority of the district in
which he resides, or if he has no fixed place of residence in Great Britain, to
the local authority of such one of the prescribed districts as he may choose,
and on payment of [such fee as appears to the local authority to be appropriate]
shall be registered under this Act, unless he is a person, who, in pursuance of
an order of the court made under this Act, is prohibited from being so registered.
(3) Any application for registration under this Act shall contain
such particulars as to the animals and as to the general nature of the performances
in which the animals are to be exhibited or for which they are to be trained as
may be prescribed, and the particulars so given shall be entered in the register.
(4) The local authority shall give to every person whose name
appears on the register kept by them a certificate of registration in the prescribed
form containing the particulars entered in the register.
(5) Every register kept under this Act shall at all reasonable
times be open for inspection . . . and any person shall be entitled to take copies
thereof or make extracts therefrom.
(6) Any person entered on the register shall, subject to the
provisions of any order made under this Act by any court, be entitled, on making
application for the purpose, to have the particulars entered in the register with
respect to him varied, and where any such particulars are so varied the existing
certificate shall be cancelled and a new certificate issued.
(7) A copy of every certificate of registration issued by a local
authority shall be transmitted by the authority to the Secretary of State and
shall be available for inspection at all reasonable times . . .
[(8) A local authority may charge such fees as appear to them
to be appropriate for inspection of the register, for taking copies thereof or
making extracts therefrom or for inspection of copies of certificates of registration
issued by them.]
2 Power of courts to prohibit or restrict exhibition and training of
(1) Where it is proved to the satisfaction of a court
of summary jurisdiction on a complaint made by a constable or an officer of a
local authority that the training or exhibition of any performing animal has been
accompanied by cruelty and should be prohibited or allowed only subject to conditions,
the court may make an order against the person in respect of whom the complaint
is made prohibiting the training or exhibition or imposing such conditions thereon
as may be specified by the order.
(2) If any person is aggrieved by the making of such an order
or a refusal to make such an order, he may appeal to [the Crown Court] . . .
(3) An order made under this Act shall not come into force until
seven days after it is made, or, if an appeal has been entered within that period,
until the determination of the appeal.
(4) Any court by which an order is made under this section shall
cause a copy of the order to be sent as soon as may be after the order comes into
force to the local authority by which the person against whom the order is made
is registered and to the Secretary of State, and shall cause the particulars of
the order to be endorsed upon the certificate held by that person, and that person
shall produce his certificate on being so required by the court for the purposes
of endorsement. A local authority to which a copy of an order is sent under this
section shall enter the particulars of the order on the register.
||Sub-ss (2), (5), (7): words in square brackets
substituted and words omitted repealed by the Local Government Act 1974,
ss 35(1), (2), 42(2), Sch 6, para 2(1), Sch 8.
Sub-s (8): inserted by the Local Government Act 1974, s 35(1), (2), Sch
6, para 2(1).
3 Power to enter premises
(1) Any officer of a local authority duly authorised
in that behalf by the local authority and any constable may—
||Sub-s (2): words in square brackets substituted
by the Courts Act 1971, s 56(2), Sch 9, Part I; words omitted repealed by
the Crown Court Rules 1971, SI 1971/1292, r 24, Sch 3.
|| enter at all reasonable
times and inspect any premises in which any performing animals are being
trained or exhibited, or kept for training or exhibition, and any such animals
found therein; and
(2) No constable or such officer as aforesaid shall
be entitled under this section to go on or behind the stage during a public performance
of performing animals.
4 Offences and legal proceedings
(1) If any person—
|| require any person who
he has reason to believe is a trainer or exhibitor of performing animals
to produce his certificate.
|| not being registered under
this Act exhibits or trains any performing animal; or
|| being registered under
this Act exhibits or trains any performing animal with respect to which
or in a manner with respect to which he is not registered; or
|| being a person against
whom an order by a court of summary jurisdiction has been made on complaint
under this Act, contravenes or fails to comply with the order in any part
of Great Britain, whether within or without the area of jurisdiction of
that court; or
|| obstructs or wilfully delays
any constable or officer of a local authority in the execution of his powers
under this Act as to entry or inspection; or
|| conceals any animal with
a view to avoiding such inspection; or
|| being a person registered
under this Act, on being duly required in pursuance of this Act to produce
his certificate under this Act fails without reasonable excuse so to do;
he shall be guilty of an offence against this Act and shall be liable
on summary conviction upon a complaint made by a constable or an officer of a
local authority to a fine not exceeding [level 3 on the standard scale].
(2) Where a person is convicted of an offence against this Act,
or against the Protection of Animals Act 1911, as amended by any subsequent enactment,
the court before which he is convicted may in addition to or in lieu of imposing
any other penalty—
|| applies to be registered
under this Act when prohibited from being so registered;
|| if such person is registered
under this Act order that his name be removed from the register;
and where such an order is made, the provisions of subsections (2),
(3) and (4) of section two of this Act shall apply to the order as they apply
to an order made under that section.
|| order that such person
shall either permanently or for such time as may be specified in the order
be disqualified for being registered under this Act;
5 Interpretation, rules, and expenses
(1) For the purposes of this Act—
||Sub-s (1): maximum fine increased and converted
to a level on the standard scale by virtue of the Criminal Justice Act 1982,
ss 37, 38, 46.
||The expression “animal” does not include
The expression “exhibit” means exhibit at any entertainment to which the
public are admitted, whether on payment of money or otherwise, and the expression
“train” means train for the purpose of any such exhibition, and the expressions
“exhibitor” and “trainer” have respectively the corresponding meanings:
The expression “local authority” means—
|| As respects the City of
London, the common council;
As respects any [London borough], the council of the borough;
As respects any [county or metropolitan district, the
council of the county or district]:
(2) The Secretary of State may make rules for prescribing
anything which is to be prescribed under this Act, and as to the execution and
performance by local authorities of their powers and duties under this Act, and
generally for carrying this Act into effect.
(3) Any expenses of a local authority under this Act, so far
as not covered by fees, shall be defrayed[, in the case of the council of a county,
out of the county fund, and in the case of the council of a metropolitan district
or London borough, out of the general rate fund.]
||The expression “prescribed” means prescribed
by rules made by the Secretary of State.
6 Application to Scotland
This Act shall apply to Scotland subject to the following
||Sub-ss (1), (3): words in square brackets
substituted by the Local Government Act 1985, s 16, Sch 8, para 17.
|| The expression “local authority”
means [a council constituted under section 2 of the Local Government etc
(Scotland) Act 1994] . . .;
|| References to a court of
summary jurisdiction shall be construed as references to the sheriff; references
to an appeal to quarter sessions shall not apply; and the Protection of
Animals (Scotland) Act 1912 shall be substituted for the Protection of Animals
7 Exceptions from application of Act
This Act shall not apply to the training of animals
for bonâ fide military, police, agricultural or sporting purposes, or the exhibition
of any animals so trained.
8 Short title, commencement, and extent
(1) This Act may be cited as the Performing Animals (Regulation)
(2) This Act shall not apply to Northern Ireland.
(3) . . .
||In para (a) words “a council constituted
under section 2 of the Local Government etc (Scotland) Act 1994” in square
brackets substituted by the Local Government etc (Scotland) Act 1994, s
180(1), Sch 13, para 13.
In para (a) words omitted repealed by the Local Government (Scotland) Act
1973, s 188, Sch 24, para 34.
||Sub-s (3): repealed by the Statute
Law Revision Act 1950.