Commentary on Sections Section 4 - Meaning of “travelling circus”
18.A “travelling circus” means a circus which travels from one place to another for the purpose of providing entertainment. A circus is considered a “travelling circus” despite there being periods when it does not travel; a travelling circus does not stop being a travelling circus during a break from the touring or closed season.
19.But a “travelling circus” does not include a normally static circus which travels to relocate to a new fixed base.
20.There may be uncertainty or conflicting views about whether a type of undertaking, act or entertainment is or is not a travelling circus. Section 4(3) allows Welsh Ministers to make regulations to specify a type of undertaking, act, entertainment or similar that is, and is not, to be regarded as a travelling circus for the purposes of the Act. This power does not require Welsh Ministers to list, in regulations, all types of undertakings, acts or entertainment which are to be regarded, or are not to be regarded, as a travelling circus for the purpose of the Act.