Animal displays not constituting exhibition—the Act, s 5(1), definition of “exhibit”, paragraph (c)
5 Animal displays not constituting exhibition—the Act, s 5(1), definition of “exhibit”, paragraph (c)
The display, or keeping for display, of an animal in the following circumstances does not constitute an exhibition of the animal for the purposes of the Act—
the animal is a free-living animal in its natural habitat,
the animal is a lawful captive and is part of a competitive display of household pets,
the animal is part of a competitive display of domestic farm animals,
the animal is a domestic farm animal being used to demonstrate the acquisition of wool, milk or other produce of a living animal,
the animal is of domestic hoof-stock and is performing, or is to perform, in an event at a rodeo,
the animal is a lawful captive that is not displayed, or kept for display, to the public,
the animal is displayed, or kept for display, in the course of carrying on the business of animal research, or in the course of carrying out animal research, without contravening the Animal Research Act 1985,
the animal, being an animal of a species listed in Schedule 3 and not being an animal kept under an approval or permit or at a licensed animal display establishment, is an animal used only for riding or racing,
the animal is kept in a pet shop for display and not for sale,
the animal, being an animal of a species listed in Schedule 1 and not being an animal kept under an approval or permit or at a licensed animal display establishment, is displayed—
at an agricultural show or show parade conducted by the Royal Agricultural Society or a society that is a member of the Agricultural Societies Council, or
at an agricultural field day conducted on a farm or showground, or
on the farm on which the animal is kept,
the animal, being an animal of a species listed in Schedule 1, and not being an animal kept under an approval or permit or at a licensed animal display establishment, is displayed, or kept for display, for the purpose of promoting an agricultural product derived from the species, and—
the animal is 1 of no more than 10 animals displayed, or kept for display, for the purpose at any 1 time, and
the display lasts for no more than 2 days at a time and is conducted at least 5 days after the most recent display of the animal, and
the animal is displayed near a display of the relevant agricultural product or shortly before or after a display of the product, and
the person who normally cares for the animal attends the animal for the duration of the display,
the animal is a fish that is kept at a fish hatchery or fish farm, otherwise than in a habitat display, for the purpose of—
commercial food production, or
re-stocking of lakes, dams or waterways,
the animal is a lawful captive and is being displayed, or kept for display, at a meeting of an association dedicated to the keeping of the type of animal to which the animal belongs,
the animal is being displayed, or kept for display, by a school student at a school for a single “show-and-tell” activity.
If the display of an animal that constitutes exhibition for the purposes of the Act and the display of an animal that does not, because of subsection (1), constitute exhibition for the purposes of the Act take place at the same time on the same premises, an authority issued in relation to the premises applies to all animals at the premises.
Example—
If a pony ride, which is not exhibition for the purposes of the Act because of section 5(1)(h), takes place at an exhibition or display farm to which an approval relates, the approval, and the terms, conditions or standards that have effect under the approval, also apply to the pony ride.
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