PreliminaryU.K.

1 Protected animals.U.K.

(1)Subject to the provisions of this section, “a protected animal” for the purposes of this Act means any living vertebrate other than man [F1and any living cephalopod] .

(2)Any such vertebrate in its foetal, larval or embryonic form is a protected animal only from the stage of its development when—

(a)in the case of a mammal, bird or reptile, [F2two-thirds of] the gestation or incubation period for the relevant species has elapsed; and

(b)in any other case, it becomes capable of independent feeding.

[F3(2A)Any living cephalopod in its embryonic form is not a protected animal.]

(3)The Secretary of State may by order—

(a)extend the definition of protected animal so as to include [F4any description of invertebrates other than cephalopods] ;

(b)alter the stage of development specified in subsection (2) above;

(c)make provision in lieu of subsection (2) above as respects any animal which becomes a protected animal by virtue of an order under paragraph (a) above.

(4)For the purposes of this section an animal shall be regarded as continuing to live until the permanent cessation of circulation or the destruction of its brain.

(5)In this section “vertebrate” means any animal of the Sub-phylum Vertebrata of the Phylum Chordata and “invertebrate” means any animal not of that Sub-phylum.

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