Animals (Scientific Procedures) Act 1986

The inspectorate and the committee U.K.

18 Inspectors. U.K.

(1) The Secretary of State shall, with the consent of the Treasury as to numbers and remuneration, appoint as inspectors for the purposes of this Act persons having such medical or veterinary qualifications as he thinks requisite.

(2) It shall be the duty of an inspector—

(a) to advise the Secretary of State on applications for [F1 licences under this Act] , on requests for their variation or revocation and on their periodical review;

[F2 (b) to comply with any direction given by the Secretary of State under subsection (2A).]

[F3 (2A) The Secretary of State may give a direction to an inspector which—

(a) specifies the holder of a licence under this Act;

(b) requires the inspector to visit the place specified in the licence, or in the case of a personal licence such places as the inspector considers appropriate, for the purpose of determining whether the holder is complying with the provisions of this Act and the conditions of the licence;

(c) requires the inspector to provide a report to the Secretary of State on the holder’s compliance with those provisions and conditions; and

(d) in a case where the inspector considers that the holder has failed or is failing to comply with any of those provisions or conditions, requires the inspector to include within the report advice as to the action to be taken by the Secretary of State.

(2B) A direction under subsection (2A) may require visits carried out in pursuance of the direction to be carried out without notice to the holder of the licence concerned.

(2C) In determining the frequency with which a direction under subsection (2A) should be given in respect of the holder of a licence, the Secretary of State must take into account—

(a) the record of the holder in complying with the provisions of this Act and the conditions of the licence;

(b) any information suggesting that the holder has failed or is failing to comply with any of those provisions or conditions; and

(c) in the case of a holder of a section 2C licence—

(i) the number and the species of protected animals kept at the place specified in the licence; and

(ii) the number and the type of regulated procedures, if any, carried out at that place.

(2D) The Secretary of State must seek to ensure that during the course of any year—

(a) a direction is given under subsection (2A) in respect of one third of the persons who hold section 2C licences that authorise the carrying on of an undertaking involving the applying of regulated procedures to protected animals;

(b) a direction is given under subsection (2A) in respect of each person who holds a section 2C licence and keeps non-human primates at the place specified in the licence.

(2E) Any report provided to the Secretary of State by virtue of subsection (2A)(c) must be kept by the Secretary of State for a period of at least five years.]

(3) If an inspector considers that a protected animal is undergoing excessive suffering he may require it to be immediately killed [F4 in accordance with section 15A] .

Extent Information

E1 In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 29, see s. 29(1)

Textual Amendments

F1 Words in s. 18(2)(a) substituted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 19(2)(a) (with Sch. 3)

F2 S. 18(2)(b) substituted for s. 18(2)(b)-(e) (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 19(2)(b) (with Sch. 3)

F3 S. 18(2A)-(2E) inserted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 19(3) (with Sch. 3)

F4 Words in s. 18(3) substituted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 26(8) (with Sch. 3)

[F5 19 The Committee for the Protection of Animals Used for Scientific Purposes U.K.

(1) There is to be a committee to be known as the Committee for the Protection of Animals Used for Scientific Purposes.

(2) The Committee is to consist of a chair and other members appointed by the Secretary of State.

(3) Members of the Committee are to be appointed for such periods as the Secretary of State may determine.

(4) A person may resign as a member of the Committee or as its chair by notice in writing to the Secretary of State.

(5) The Secretary of State may terminate the appointment of a member if satisfied that—

(a) for a period of six months beginning not more than nine months previously the member has, without the consent of the other members, failed to attend the meetings of the Committee;

(b) the member is an undischarged bankrupt or has made an arrangement with his or her creditors;

(c) the member is for any reason incapable of acting as a member; or

(d) the member has been convicted of such a criminal offence, or the member’s conduct has been such, that it is not in the Secretary of State’s opinion fitting that the member should remain a member.

(6) The Secretary of State may make payments to the chair by way of remuneration and may make payments to the chair and the other members in respect of expenses incurred by them in the performance of their duties.

(7) The Secretary of State may also defray any other expenses of the Committee.

Extent Information

E2 In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 29, see s. 29(1)

Textual Amendments

F5 Ss. 19, 20 substituted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 20 (with Sch. 3)

20 Functions of the Committee U.K.

(1) The Committee must provide advice to the Secretary of State and the Animal Welfare and Ethical Review Bodies on such matters relating to the acquisition, breeding, accommodation, care and use of protected animals as the Committee may determine or as may be referred to the Committee by the Secretary of State.

(2) In its consideration of any matter the Committee shall have regard both to the legitimate requirements of science and industry and to the protection of animals against avoidable suffering and unnecessary use in scientific procedures.

(3) The Committee must take such steps as it considers appropriate to ensure the sharing of best practice in relation to the acquisition, breeding, accommodation, care and use of protected animals.

(4) The Committee must take such steps as it considers appropriate to share the following information with the foreign committees—

(a) information on the manner in which the Secretary of State evaluates applications for project licences;

(b) information on the operation of the Animal Welfare and Ethical Review Bodies.

(5) The Secretary of State may provide the Committee with such information as the Committee requests for the purpose of enabling the Committee to exercise its duties under this section.

(6) In this section—

• “the Animal Welfare and Ethical Review Bodies” means the bodies established and maintained in pursuance of conditions included in section 2C licences by virtue of paragraph 6 of Schedule 2C;

• “the foreign committees” means the committees established in Member States other than the United Kingdom in compliance with Article 49 of the Animals Directive.]

Extent Information

E3 In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 29, see s. 29(1)

Textual Amendments

F5 Ss. 19, 20 substituted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 20 (with Sch. 3)