(1)A protected animal that has been subjected to one or more regulated procedures must not be used for a further regulated procedure unless the Secretary of State has consented to such further use and the following conditions are met.
(2)The first condition is that—
(a)the actual severity of the regulated procedure, or each of the regulated procedures, previously applied to the animal has been classified in accordance with conditions included in a project licence by virtue of paragraph 23 of Schedule 2C, and
(b)in a case where more than one regulated procedure has previously been applied to the animal, the actual severity of no more than one of those procedures has been classified as “severe”.
(3)The second condition is that a veterinary surgeon with knowledge of the lifetime experience of the animal has advised that the animal’s general state of health and well-being has been fully restored following the application of the previous procedure or procedures.
(4)The third condition is that—
(a)the further procedure is to be applied as part of a programme of work specified in a project licence; and
(b)the likely severity of the further procedure was classified by the Secretary of State under section 5B(3)(c) as “non-recovery”, “mild” or “moderate”.
(5)For the purposes of subsection (1), the consent of the Secretary of State may relate to the specific animal concerned or may relate to animals used in specified procedures or specified circumstances.
(6)But in the case of an animal that has been subjected to a regulated procedure the actual severity of which has been classified as “severe”, the consent of the Secretary of State must relate to the specific animal concerned and the Secretary of State may give consent only if—
(a)the Secretary of State has consulted a veterinary surgeon who has examined the animal about whether consent should be given; and
(b)the Secretary of State is satisfied that there are exceptional circumstances that justify the animal being used for the further regulated procedure.
(7)For the purposes of this section, a series of regulated procedures applied to an animal for a particular purpose is to be treated as constituting a single regulated procedure.]
Textual Amendments
(1)Where a protected animal—
(a)has been subjected to a series of regulated procedures for a particular purpose; and
(b)at the conclusion of the series is suffering or likely to suffer adverse effects [F2as a result of being subjected to the series] ,
the person who applied those procedures, or the last of them, shall [F3ensure that the animal is immediately killed in accordance with section 15A] .
(2)Subsection (1) above is without prejudice to any condition of a project licence requiring an animal to be killed at the conclusion of a regulated procedure in circumstances other than those mentioned in that subsection.
Textual Amendments
F2Words in s. 15(1)(b) inserted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 26(7)(a) (with Sch. 3)
F3Words in s. 15(1) substituted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 26(7)(b) (with Sch. 3)
(1)Subject to subsections (8) and (9), a person must not intentionally kill a relevant protected animal unless—
(a)the person kills the animal in a place that is specified in a section 2C licence;
(b)the person kills the animal using an appropriate method; and
(c)the person is registered in a register kept by the holder of the section 2C licence (in compliance with a condition included in the licence by virtue of paragraph 2 of Schedule 2C) as being competent to kill animals of that description using that method.
(2)An animal is killed using an appropriate method if—
(a)the method used is one that is appropriate to that description of animal under Schedule 1; or
(b)the method used is one that is specified as being appropriate to that description of animal in the section 2C licence granted in respect of the place where the animal is killed.
(3)An animal is also killed using an appropriate method if—
(a)the animal is being or has been subjected to a regulated procedure as part of a programme of work specified in a project licence; and
(b)the animal is killed using a method that is specified as being appropriate to that description of animal in the project licence.
(4)An animal is also killed using an appropriate method if—
(a)the animal is being or has been used in an agricultural research project the aim of which requires animals to be kept in similar conditions to those in which commercial farm animals are kept;
(b)the animal is killed in a way that complies with Article 4 of Council Regulation (EC) No 1099/2009 on the protection of animals at the time of killing; and
(c)the process of killing is completed by one of the methods listed in sub-paragraphs (a) to (e) of paragraph 1 of Schedule 1.
(5)An animal is also killed using an appropriate method if—
(a)the method is applied to the animal while it is unconscious;
(b)the animal does not subsequently regain consciousness; and
(c)the process of killing is completed by one of the methods listed in sub-paragraphs (a) to (e) of paragraph 1 of Schedule 1.
(6)A section 2C licence may specify a method of killing as being appropriate to a description of animal only if the Secretary of State is satisfied, on the basis of scientific evidence, that the method is at least as humane as one of the methods of killing that are appropriate to that description of animal under Schedule 1.
(7)A project licence may specify a method of killing as being appropriate to a description of animal only if the Secretary of State is satisfied, on the basis of a scientific justification, that the purposes of the programme of work specified in the licence cannot be achieved if a method of killing that is appropriate to that description of animal under Schedule 1 is required to be used.
(8)A person may kill an animal in a place not specified in a section 2C licence if—
(a)the place is specified in a project licence in reliance on section 5(3);
(b)the animal is being or has been subjected to a regulated procedure at that place as part of a programme of work specified in that licence; and
(c)that licence specifies a section 2C licence for the purposes of this subsection.
Where this exception applies, the reference in subsection (1)(c) or (2)(b) to the section 2C licence mentioned there shall be read as a reference to the section 2C licence specified as mentioned in paragraph (c) above.
(9)A person may kill an animal otherwise than in accordance with subsection (1) if it is necessary for the animal to be killed as a matter of urgency for animal welfare, public health, public security or environmental reasons.
(10)Where a person applies a regulated procedure to a protected animal and the procedure causes the animal to die, the person is not to be treated for the purposes of this section as having intentionally killed the animal (even if the death of the animal was the likely outcome of the procedure).
(11)In this section “relevant protected animal” means a protected animal which—
(a)is being or has been used in a regulated procedure;
(b)is being or has been kept for use in a regulated procedure;
(c)has been bred for use in a regulated procedure; or
(d)is being or has been kept for the purpose of being supplied for use in a regulated procedure.
(12)A protected animal that is killed in a place specified in a section 2C licence for the use of its tissues or organs for scientific purposes shall also be treated as a relevant protected animal for the purposes of this section.]
Textual Amendments
F4S. 15A inserted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 15 (with Sch. 3)
(1)No person shall carry out any regulated procedure as an exhibition to the general public or carry out any such procedure which is shown live on television for general reception.
(2)No person shall publish a notice or advertisement announcing the carrying out of any regulated procedure in a manner that would contravene subsection (1) above.
(1)A person must not use a neuromuscular blocking agent in the course of a regulated procedure unless—
(a)the person is expressly authorised to do so by the personal licence and the project licence under which the procedure is carried out; and
(b)the agent is used in combination with such level of anaesthesia or analgesia as is determined in accordance with the project licence.
(2)The Secretary of State must not grant a project licence that authorises the use of a neuromuscular blocking agent unless the Secretary of State is satisfied, on the basis of a scientific justification, that the purposes of the programme of work specified in the licence cannot be achieved without the use of such an agent.]
Textual Amendments
F5S. 17 substituted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 17 (with Sch. 3)
(1)A person who holds a licence under this Act must not set free a relevant protected animal, or permit any person acting on their behalf to do so, unless—
(a)the Secretary of State has consented to the setting free of the animal; or
(b)the animal is set free during the course of a series of regulated procedures.
(2)A person who holds a licence under this Act must not re-home a relevant protected animal, or permit any person acting on their behalf to do so, unless the Secretary of State has consented to the re-homing of the animal.
(3)The Secretary of State must not consent to the setting free or re-homing of a relevant protected animal unless satisfied—
(a)that the animal’s state of health allows it to be set free or re-homed;
(b)that the setting free or re-homing of the animal poses no danger to public health, animal health or the environment;
(c)that there is an adequate scheme in place for ensuring the socialisation of the animal upon being set free or re-homed; and
(d)that other appropriate measures have been taken to safeguard the animal’s well-being upon being set free or re-homed.
(4)The Secretary of State must not consent to the setting free of a relevant protected animal which has been taken from the wild unless the Secretary of State is also satisfied that the animal has undergone a programme of rehabilitation or that it would be inappropriate for the animal to be required to undergo such a programme.
(5)For the purposes of this section—
(a)“relevant protected animal” has the same meaning as in section 15A(11);
(b)a reference to a person who holds a licence under this Act includes a reference to a person who held a licence under this Act which is no longer in force;
(c)an animal is not to be treated as being “re-homed” if it is moved to live in a place which is for the time being specified in a section 2C licence.]