The Bill makes it an offence for circus operators to use wild animals in a travelling circus whilst in Scotland.
This is a Government bill
The Bill became an Act on 24 January 2018
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill makes it an offence for circus operators to use wild animals in a travelling circus whilst in Scotland.
According to the Bill a “wild animal” means an animal that is not domesticated.
A definition of a domesticated animal is that, due to breeding or living conditions, changes can be seen in their:
This means a wild animal cannot be:
This is whether or not an audience is paying money to view the performance, exhibition, or display.
Wild animals can still be kept and transported by travelling circuses whilst in Scotland. They just can't be displayed whilst in Scotland.;
Concerns were raised about the use of wild animals in travelling circuses. This was during a consultation on animal health and welfare. There are full and partial bans across many other European Union (EU) and non-EU countries. Scottish Ministers carried out a consultation in 2014. They’ve received feedback from:
The responses raise concerns on animal welfare issues and ethical grounds.
The vast majority were in favour of a ban. The view is that there are no benefits to having wild animals in travelling circuses. People thought that this could only be resolved by banning wild animals in travelling circuses.
Wild Animals in Travelling Circuses (Scotland) Bill as introduced (246KB, pdf) posted 10 May 2017
Explanatory Notes (146KB, pdf) posted 10 May 2017
Policy Memorandum (252KB, pdf) posted 10 May 2017
Financial Memorandum (186KB, pdf) posted 10 May 2017
Delegated Powers Memorandum (104KB, pdf) posted 10 May 2017
Statements on legislative competence (67KB, pdf) posted 10 May 2017
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
This Bill requires Crown consent. It is expected that this consent will be signified at Stage 3.
Crown consent is a process which requires Scottish Government ministers to seek the consent of the Crown in relation to certain Bills. You can find out more in About Bills.
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Wild Animals in Travelling Circuses (Scotland) Bill
The Bill was introduced on 10 May 2017
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Environment, Climate Change and Land Reform Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on 5 October 2017 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 5 October 2017
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at this meeting held on 21 November 2017.
Marshalled List of Amendments for Stage 2 (208KB, pdf) posted 19 November 2017
Groupings of Amendments for Stage 2 (199KB, pdf) posted 19 November 2017
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Wild Animals in Travelling Circuses (Scotland) Bill as Amended at Stage 2 (252KB, pdf) posted 21 November 2017
Revised Explanatory Notes (157KB, pdf) posted 23 November 2017
Supplementary Delegated Powers Memorandum (232KB, pdf) posted 23 November 2017
The Bill ended Stage 2 on 21 November 2017
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 112 for, 0 against, 0 abstained, 17 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 20 December 2017
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts come into force straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act come into force on different dates.
The Wild Animals in Travelling Circuses (Scotland) Bill became an Act on 24 January 2018