The Animals (Scientific Procedures) Act 1986 (Amendment) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

The Schedule to these Regulations amends the Animals (Scientific Procedures) Act 1986 in order to give effect to certain community obligations arising under Council Directive 86/609/EEC on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes (OJ No. L358, 18.12.86, p.1).

Article 5 of the Directive imposes requirements with respect to the general care and accommodation of animals used for scientific procedures. Subsections (6B) and (6C) are added to section 10 of the Act to require certificates designating scientific procedure, breeding and supplying establishments to contain conditions ensuring that those requirements are met.

Article 7(1) of the Directive requires that scientific procedures are performed solely by competent persons; Article 14 imposes requirements as to the education and training of those who carry out experiments or take care of animals used for scientific procedures; and Article 19(2)(b) requires that sufficient trained staff are provided in scientific procedure establishments. These requirements are implemented by a new section 4(4A) as respects personal licence holders and a new section 10(5A) as respects designated establishments.

Article 7(2) and (3) of the Directive sets out criteria to be applied in considering whether to permit experiments to be carried out, and imposes a restriction on the use of animals taken from the wild. A new section 5(5) is substituted to reflect those criteria, and a new section 10(3)(d) imposes that restriction.

Article 8 of the Directive imposes requirements as to the use of anaesthesia in scientific procedures. A new section 10(2A) requires personal licences to contain conditions appropriate to ensure that the requirements of that article, the text of which is set out in a new Schedule 2A to the Act, are fulfilled.

Article 9 of the Directive deals with the treatment of animals at the end of scientific procedures. A new section 10(3D) requires project licences to include conditions requiring a decision to be taken as to whether an animal should be kept alive and a new section 10(6D) requires an animal which is kept alive to be kept at a designated establishment unless it would not otherwise suffer.

Article 10 of the Directive imposes restrictions on the re-use of animals in regulated procedures. A new section 14 prohibits the grant of consent to the use of an animal more than once in procedures which entail severe pain, distress or equivalent suffering.

Article 11 of the Directive permits animals to be set free in certain circumstances, and this is implemented by a new section 10(3B) and (3C).

Article 18 imposes requirements in respect of the marking of animals which are implemented by a new section 10(6A).