No person shall apply a regulated procedure to an animal unless—
(a)he holds a personal licence qualifying him to apply a regulated procedure of that description to an animal of that description;
(b)the procedure is applied as part of a programme of work specified in a project licence authorising the application, as part of that programme, of a regulated procedure of that description to an animal of that description; and
(c)the place where the procedure is carried out is a place specified in the personal licence and the project licence.
(1)A personal licence is a licence granted by the Secretary of State qualifying the holder to apply specified regulated procedures to animals of specified descriptions at a specified place or specified places.
(2)An application for a personal licence shall be made to the Secretary of State in such form and shall be supported by such information as he may reasonably require.
(3)Except where the Secretary of State dispenses with the requirements of this subsection any such application shall be endorsed by a person who—
(a)is himself the holder of a personal licence or a licence treated as such a licence by virtue of Schedule 4 to this Act; and
(b)has knowledge of the biological or other relevant qualifications and of the training, experience and character of the applicant;
and the person endorsing an application shall, if practicable, be a person occupying a position of authority at a place where the applicant is to be authorised by the licence to carry out the procedures specified in it.
(4)No personal licence shall be granted to a person under the age of eighteen.
[F1(4A)The Secretary of State shall not grant a personal licence to a person unless he is satisfied that the person—
(a)has appropriate education and training (including instruction in a relevant scientific discipline) for the purpose of applying the regulated procedures to be specified in the licence; and
(b)is competent to apply those procedures in accordance with the conditions which are to be included in the licence and to handle and take care of laboratory animals.]
(5)A personal licence shall continue in force until revoked but the Secretary of State shall review each personal licence granted by him at intervals not exceeding five years and may for that purpose require the holder to furnish him with such information as he may reasonably require.
Extent Information
E1In 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 S. 4(4A) inserted (5.9.1998) by S.I. 1998/1974, reg. 2, Sch. para. 2
(1)A project licence is a licence granted by the Secretary of State specifying a programme of work and authorising the application, as part of that programme, of specified regulated procedures to animals of specified descriptions at a specified place or specified places.
(2)A project licence shall not be granted except to a person who undertakes overall responsibility for the programme to be specified in the licence.
(3)A project licence shall not be granted for any programme unless the Secretary of State is satisfied that it is undertaken for one or more of the following purposes—
(a)the prevention (whether by the testing of any product or otherwise) or the diagnosis or treatment of disease, ill-health or abnormality, or their effects, in man, animals or plants;
(b)the assessment, detection, regulation or modification of physiological conditions in man, animals or plants;
(c)the protection of the natural environment in the interests of the health or welfare of man or animals;
(d)the advancement of knowledge in biological or behavioural sciences;
(e)education or training otherwise than in primary or secondary schools;
(f)forensic enquiries;
(g)the breeding of animals for experimental or other scientific use.
(4)In determining whether and on what terms to grant a project licence the Secretary of State shall weigh the likely adverse effects on the animals concerned against the benefit likely to accrue as a result of the programme to be specified in the licence.
[F2(5)The Secretary of State shall not grant a project licence unless he is satisfied—
(a)that the purpose of the programme to be specified in the licence cannot be achieved satisfactorily by any other reasonably practicable method not entailing the use of protected animals; and
(b)that the regulated procedures to be used are those which use the minimum number of animals, involve animals with the lowest degree of neurophysiological sensitivity, cause the least pain, suffering, distress or lasting harm, and are most likely to produce satisfactory results.]
(6)The Secretary of State shall not grant a project licence authorising the use of cats, dogs, primates or equidae unless he is satisfied that animals of no other species are suitable for the purposes of the programme to be specified in the licence or that it is not practicable to obtain animals of any other species that are suitable for those purposes.
(7)Unless revoked and subject to subsection (8) below, a project licence shall continue in force for such period as is specified in the licence and may be renewed for further periods but (without prejudice to the grant of a new licence in respect of the programme in question) no such licence shall be in force for more than five years in all.
(8)A project licence shall terminate on the death of the holder but if—
(a)the holder of a certificate under section 6 below in respect of a place specified in the licence; or
(b)where by virtue of subsection (2) of that section the licence does not specify a place in respect of which there is such a certificate, the holder of a personal licence engaged on the programme in question,
notifies the Secretary of State of the holder’s death within seven days of its coming to his knowledge the licence shall, unless the Secretary of State otherwise directs, continue in force until the end of the period of twenty-eight days beginning with the date of the notification.
Extent Information
E2In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 29, see s. 29(1)
Textual Amendments
F2S. 5(5) substituted (5.9.1998) by S.I. 1998/1974, reg. 2, Sch. para. 3