The Animal Welfare (Primate Licences) (England) Regulations 2024

Regulation 2

SCHEDULE 1 Licence conditions

Introductory

1.  In these licence conditions—

“appropriate expert”, in relation to advice or guidance that is given to the licence holder for the purposes of paragraphs 19, 36 or 37, means a veterinarian or any other individual who is suitably qualified to provide that advice or guidance;

“exhibition activity”, in relation to a primate, means a licensable activity described in paragraph 10 of Schedule 1 to the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018(1) that is authorised with respect to that primate by a licence granted under those Regulations;

“licence” means the licence granted to the licence holder under Part 2 of the Animal Welfare (Primate Licences) (England) Regulations 2024 authorising the licence holder to keep primates at the premises named in the licence;

“licensed premises” means the premises named in the licence;

“named veterinarian”, in relation to a primate, means the veterinarian with whom the primate is registered;

“occupants”, in relation to an enclosure on the licensed premises, means the primates to be kept or kept in the enclosure;

“primate” means a primate that the licence holder is authorised to keep under the licence;

a reference to “the primates” is a reference to all or any of the primates for the time being kept by the licence holder at the licensed premises;

“veterinarian” means a person registered in the register of veterinary surgeons or the supplementary veterinary register kept under the Veterinary Surgeons Act 1966.

General

2.  The licence holder must have in place arrangements to ensure that—

(a) a sufficient number of persons are present on the licensed premises daily to provide the level of care and management of the primates required by the licence conditions;

(b) at least one individual is at all times in overall charge of the care and management of the primates and has the necessary authority to ensure that the licence conditions are complied with; and

(c) any person who is given responsibility for the care or management of the primates under sub-paragraph (a) and (b) is competent to carry out the tasks assigned to him or her.

3.  Each primate must be implanted with a microchip that—

(a) has a unique number which includes the manufacturer’s code;

(b) is compliant with ISO standard 11784:1996 of the International Standards Organisation’s standards for microchips(2);

(c) is compliant with ISO standard 11785:1996 of the International Standards Organisation’s standards for microchips apart from Annex A(3); and

(d) responds to a transponder which operates at 134.2 kilohertz and conforms with the FDXB protocol set out in ISO standards 11784:1996 and 11785:1996.

4.  Subject to paragraph 5, the licence holder must ensure that each primate is implanted with a microchip that complies with paragraph 3 before the end of the period of two years beginning with—

(a) where the primate was born on the licensed premises or other premises of the licence holder, the day on which the primate was born;

(b) in any other case, the day on which the licence holder first took possession of the primate.

5.  In the case of a primate kept by the licence holder before 6th April 2025, the licence holder must ensure that the primate is implanted with a microchip that complies with paragraph 3 on or before 5th April 2027.

Records

6.—(1) The licence holder must keep—

(a) individual records for each primate containing the following details—

(i) its name;

(ii) its sex;

(iii) its microchip number;

(iv) its date of birth or, if not known, its approximate date of birth;

(v) its species;

(vi) its colour and markings;

(vii) the name and contact details of its previous keeper (where applicable);

(viii) the date and cause of its death (where applicable); and

(ix) where the primate is permanently transferred to other premises, the name and contact details of the new keeper (where applicable) and the address of the place to which it has been relocated;

(b) a written record, which is prominently displayed at the licensed premises, containing—

(i) the names and contact details of the people who are for the time being responsible for the overall care and management of the primates;

(ii) the names and contact details of the named veterinarian and any other veterinarian who is to be contacted in an emergency; and

(iii) contact details of the local fire service and police; and

(c) a written record of all the persons who are authorised to access and care for the primates.

(2) The licence holder must ensure that any record or written document that the licence holder is required to keep as a condition of the licence is available for inspection at any time by an inspector, either in a visible and legible form or, where stored in an electronic form, in a form from which it can be produced in a visible and legible form.

(3) The licence holder must keep any such record for at least six years beginning with the date on which the record was first created.

Emergencies

7.  A written emergency plan must be in place and readily accessible and, where necessary, followed to ensure that all appropriate steps are taken to protect the primates and any person on the licensed premises in the event of a fire or other emergency.

8.  The plan must include details of—

(a) the measures to be taken for the removal of the primates should the licensed premises become unsafe or uninhabitable;

(b) the arrangements for the care of the primates during and following an emergency; and

(c) an up-to-date list of emergency contact details that includes the fire service and police.

9.  The local authority that granted the licence and the police must be notified immediately if a primate escapes from the licensed premises.

Written procedures for special circumstances

10.  Appropriate written procedures must be in place and implemented covering—

(a) the temporary isolation of any primate;

(b) the death or escape of a primate; and

(c) the care of the primates following the revocation of the licence or the death of the licence holder.

11.  The procedures required by paragraph 10(a) must include appropriate arrangements for ensuring that the welfare needs of any primate that is being temporarily isolated are met during the period of its isolation.

Nutrition and feeding

12.  Each primate must be provided with a suitable diet in terms of nutritive value, quality, quantity and frequency.

13.  Food must be presented in an appropriate manner and at appropriate intervals for the primates in the enclosure and must be placed in suitable positions in each enclosure so as to—

(a) minimise negative interactions between the primates in the enclosure and resource guarding by individual primates; and

(b) allow the primates to exhibit and develop their natural feeding and foraging behaviours.

14.  Access to fresh, clean drinking water must be provided in suitable receptacles in each enclosure which is adequate to meet the needs of the primates in that enclosure and is made available in a manner that minimises negative interactions between primates.

15.  The receptacles used for feeding and providing water to the primates must be cleaned daily and more regularly where this is necessary to maintain hygienic standards.

16.  The facilities for the preparation of food for the primates and the equipment used for food preparation must be hygienically maintained.

17.  Food supplies for the primates must be stored in appropriate conditions.

18.  An individually tailored diet plan must be maintained for each primate which details the food that the primate is to receive daily and is adequate to ensure that the primate receives an appropriate balance of daily fresh produce, commercially prepared food and fresh edible plant material in a suitable natural form.

19.  The diet plan of each primate must be—

(a) based on advice or guidance given by an appropriate expert; and

(b) reviewed every 12 months or, where necessary, at more frequent intervals.

20.  The licence holder must maintain a record of the advice or guidance used to prepare each diet plan and the dates on which each such plan has been reviewed or updated.

Physical health

21.  The licence holder must register the primates with a veterinarian who has agreed to provide the following—

(a) routine visits at an appropriate frequency to assess the health, condition and welfare of each primate;

(b) carry out or supervise the treatment of a sick primate;

(c) administer or supervise the administration of medicines, vaccines, parasite control, disease surveillance and contraception to the primates when appropriate;

(d) monitor the health and welfare of each primate; and

(e) advice and assistance in an emergency.

22.  The licence holder must ensure that—

(a) the primates are monitored daily for signs of pain, suffering, injury, disease or abnormal behaviour and that any vulnerable animals are checked more frequently;

(b) the primates are weighed monthly;

(c) all reasonable precautions are taken to prevent and control the spread of infectious diseases, pathogens and parasites amongst the primates and people;

(d) where any sign of pain, suffering, injury, disease or abnormal behaviour is noted in relation to a primate, steps are taken promptly to identify the cause or possible cause and provide the primate with appropriate treatment and care;

(e) a record is kept for each primate containing details of—

(i) any signs of pain, suffering, injury, disease or abnormal behaviour identified pursuant to sub-paragraph (a);

(ii) its monthly weight and the date on which the weight was taken;

(iii) the dates of veterinary examinations and treatments and the purpose of those examinations and treatments;

(iv) where a primate must be quarantined or isolated to protect its own health or welfare, the reasons for the quarantine or isolation and the length of the quarantine or isolation; and

(f) written procedures are in place for the purpose of implementing the requirements in sub-paragraphs (a) to (d).

23.  No primate may be euthanised except by a veterinarian.

Environment

24.  Each primate must be kept in an enclosure on the licensed premises which meets the requirements specified in paragraphs 25 to 29 unless—

(a) it is necessary to remove the primate temporarily from the premises or the enclosure for the purposes of a veterinary examination or treatment or in an emergency;

(b) it is necessary to isolate the primate temporarily from other primates on the premises;

(c) it is necessary to remove the primate temporarily from the enclosure for the purposes of an exhibition activity;

(d) the primate is being relocated—

(i) from the licensed premises to other premises of the licence holder or to the premises of its new keeper; or

(ii) to the licensed premises from other premises of the licence holder or from the premises of its previous keeper; or

(e) a veterinarian has advised that the primate be removed from the enclosure and the removal is carried out in accordance with the veterinarian’s instructions or under the supervision of the veterinarian.

25.  Each enclosure on the licensed premises must—

(a) include an indoor and outdoor area; and

(b) be suitable for the primates being kept in it, whether on an individual basis or as part of a social group, with respect to—

(i) the overall spatial dimensions of the enclosure and the spatial dimensions of the indoor and outdoor areas in the enclosure, taking account of the welfare and behavioural needs of the primates;

(ii) its location on the licensed premises;

(iii) its substrate;

(iv) its structural elements; and

(v) the materials used in the construction of the enclosure.

26.  Each enclosure must be designed and maintained so as to—

(a) provide its occupants with a clean and comfortable environment;

(b) present minimal risks of injury or harm to any of its occupants;

(c) prevent the escape of any of its occupants;

(d) deter entry by predators and native wildlife;

(e) provide its occupants with opportunities to hide and have privacy;

(f) ensure that access given to its occupants to the indoor and outdoor areas can be controlled remotely without entering the enclosure;

(g) ensure that an occupant cannot be trapped or cornered by other occupants;

(h) ensure that its occupants can be safely separated in a part of the enclosure on a temporary basis whilst the remaining parts of the enclosure are being cleaned, maintained or repaired; and

(i) ensure that any occupant can be separated temporarily from the other occupants for the purpose of ensuring its own safety, for medical reasons or for managing the interactions between its occupants.

27.  Each enclosure must be equipped and maintained with—

(a) safe climbing and hanging structures which are suitable for its occupants in terms of variety and complexity and allow its occupants, individually or in groups, to exhibit their natural behaviours whilst minimising negative interactions between its occupants;

(b) safe resting sites and platforms, bedding material, nesting opportunities and organic material for foraging which are suitable for its occupants and allow its occupants, individually or in groups to exhibit their natural behaviours whilst minimising negative interactions between its occupants;

(c) safe sheltered cover in the outdoor area that provides enough shelter and shade for all of its occupants at any one time; and

(d) suitable natural planting in the outdoor area for the purpose of providing natural foraging opportunities, privacy and shade.

28.  Each enclosure must be designed and equipped to allow the environmental quality in the enclosure to be artificially maintained at appropriate levels for its occupants when occupied.

29.  The environmental quality of each enclosure must be maintained at appropriate levels for its occupants, including with respect to—

(a) temperature;

(b) ventilation;

(c) humidity;

(d) lighting;

(e) noise; and

(f) cleanliness.

30.  The cleaning and disinfecting of each enclosure must be undertaken—

(a) at a frequency, and in a way, that does not cause distress, suffering or avoidable discomfort for the primates in the enclosure; and

(b) takes into consideration their natural behaviours.

31.  A written hygiene protocol must be kept for the purpose of ensuring that—

(a) each enclosure is maintained in an appropriate state of cleanliness and the risk of disease transmission is reduced; and

(b) the cleaning and disinfecting of the enclosure is carried out in the manner specified in paragraph 30.

32.  Each primate must be given permanent access to the indoor area of the enclosure and sufficient daily access to the outdoor area of the enclosure.

Behaviour

33.  The primates must be housed and kept in appropriate social groups, except where it is necessary to keep a primate temporarily on its own to avoid negative interactions with other primates in the enclosure or a veterinarian has advised that a primate be kept temporarily on its own.

34.  The primates must be allowed to express appropriate natural behaviours and inappropriate or abnormal natural behaviours must be effectively addressed without delay.

35.  The primates must be provided with suitable enrichment material for the purpose of drawing out appropriate natural behaviours and providing them with suitable social, physical, sensory and cognitive stimuli.

36.  Mixed species may only be kept together in the same enclosure where advice from an appropriate expert has first been obtained and the animals are kept in accordance with this advice.

37.  The licence holder must ensure that—

(a) the primates’ behaviour is monitored appropriately;

(b) a record is kept in relation to each primate of any inappropriate or abnormal behaviour exhibited by that primate;

(c) an up-to-date plan for addressing inappropriate or abnormal behaviour by any primate is kept; and

(d) where abnormal behaviour is observed, advice from an appropriate expert is sought promptly.

38.  No primate must be left unattended in a situation, or for any period, that is likely to cause it distress.

Handling and restraint

39.  No primate may be handled or restrained except by a person who is competent to handle and restrain it safely and appropriately, and except insofar as—

(a) it is necessary when removing the primate temporarily from the licensed premises or the enclosure for the purposes of a veterinary examination or treatment or in an emergency;

(b) it is necessary when isolating the primate temporarily from other primates on the licensed premises;

(c) it is necessary for the purposes of an exhibition activity;

(d) it is necessary when relocating the primate—

(i) from the licensed premises to other premises of the licence holder or to the premises of its new keeper; or

(ii) to the licensed premises from other premises of the licence holder or from the premises of its previous keeper; or

(e) a veterinarian has advised that the primate be removed from the enclosure and the removal is carried out in accordance with the veterinarian’s instructions or under the supervision of the veterinarian.

40.  Where a primate is handled or restrained, the licence holder must ensure that—

(a) the primate is handled and restrained with appropriate care and in a manner that avoids unnecessary discomfort, stress or physical harm; and

(b) the period in which the primate is handled or restrained is minimised.

41.  Sedation must not be used for the purpose of capturing a primate unless it is performed under veterinary supervision.

Transport

42.  No primate may be transported unless—

(a) it is necessary to remove the primate temporarily from the licensed premises for the purposes of a veterinary examination or treatment or in an emergency;

(b) it is necessary for the purposes of an exhibition activity; or

(c) the primate is being relocated—

(i) from the licensed premises to other premises of the licence holder or to the premises of its new keeper; or

(ii) to the licensed premises from other premises of the licence holder or from the premises its previous keeper.

43.  Where a primate is to be transported or is being transported, the licence holder must ensure that—

(a) the means of transport and the crates or container in which the primate is to be transported are appropriate;

(b) the facilities for loading and unloading the crate or container containing the primate onto or from the means of transport are appropriate;

(c) the primate is physically assessed by a veterinarian to be fit to travel immediately before the primate is loaded onto the vehicle;

(d) the primate is monitored and given treatment during the journey in accordance with the instructions of the veterinarian that assessed it as fit to travel, unless a veterinarian is present to monitor and give treatment throughout the journey;

(e) the length of the journey is minimised as far as is possible;

(f) the primate is not left unattended at any point during the journey; and

(g) the enclosure at the place of destination is suitable for the primate.

44.  The licence holder must have in place a written procedure for the purpose of ensuring that the requirements in paragraph 43 will be met in relation to the transportation of any primate.

Breeding

45.  No breeding may be carried out except under the supervision of the named veterinarian and in accordance with a breeding health and management plan provided by the veterinarian.

46.  No breeding may be carried out if the number of additional primates born would result in the maximum number of primates that are authorised to be kept under the licence being exceeded.

47.  All non-breeding primates must be given contraception under supervision of the named veterinarian.

48.  A mother and her infant may only be separated if advised to do so by the named veterinarian and this is done in accordance with the veterinarian’s advice.

Regulation 17

SCHEDULE 2 Decisions relating to primate licences: representations and appeals

Application of this Schedule

1.  This Schedule applies in relation to a decision by a local authority to—

(a) refuse a person’s application to grant, renew, vary or surrender a primate licence;

(b) give a rectification notice to a person under regulation 15; or

(c) revoke or vary a person’s primate licence under regulation 16.

Representations

2.  The local authority must inform the person of their right to make representations under this Schedule.

3.  The person may make written representations to the local authority within the period of 28 days beginning with the date on which the person is first notified of the decision.

Reconsideration

4.  If the person makes written representations within the period referred to in paragraph 3, the local authority must reconsider the decision.

5.  The local authority must notify the person of the outcome.

6.  If the outcome of the reconsideration is to grant the application, vary or withdraw the notice or rescind the revocation or variation, the local authority must do that.

7.  If the outcome is to continue to refuse the application, to proceed with the notice (with or without variation) or to proceed with the revocation or variation, the local authority must also notify the person of their right to appeal.

Appeals

8.  In a case referred to in paragraph 7, the person may appeal to the First-tier Tribunal within the period of 28 days beginning with the date on which they are notified under that paragraph.

9.  On appeal, the First-tier Tribunal may—

(a) uphold the decision of the local authority; or

(b) require the local authority (as the case may be) to—

(i) grant, renew, vary or surrender the primate licence;

(ii) withdraw or vary the notice; or

(iii) rescind the revocation or variation.

Suspension of local authority decision

10.  Until the time specified in paragraph 11—

(a) a primate licence for which an application for renewal has been made does not expire;

(b) a rectification notice does not have effect;

(c) the revocation or variation of a licence under regulation 16 does not have effect.

11.  For the purposes of paragraph 10, the time is whichever is the later of—

(a) the end of the period for making representations under paragraph 3;

(b) if representations are made during that period, the end of the period for making an appeal under paragraph 8;

(c) if an appeal is made within that period, the time when the appeal is finally determined or withdrawn.

(1)

S.I. 2018/486, to which there are amendments not relevant to these Regulations.

(2)

Available from the ISO Central Secretariat, International Organization for Standardization (ISO), Chemin de Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland and at https://www.iso.org/standards.html.

(3)

Available from the ISO Central Secretariat, International Organization for Standardization (ISO), Chemin de Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland and at https://www.iso.org/standards.html.