The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012

Penalties for contraventions

24.—(1) Section 22(1) (penalties for contraventions) is amended as follows.

(2) Before subsection (1) insert—

“(A1) Any person who carries on an undertaking involving the applying of regulated procedures to protected animals in contravention of section 2B shall be guilty of an offence and liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;

(c) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.”.

(3) In subsection (3)—

(a) before paragraph (a) insert—

“(za) contravenes section 2B otherwise than by carrying on an undertaking involving the applying of regulated procedures to protected animals;

(zb) fails to comply with a notice under section 5F(4);”;

(b) in paragraph (a), omit “7(1) or (2),”.

(4) After subsection (3) insert—

“(3A) Any person who contravenes section 15A or 17A above shall be guilty of an offence and liable on summary conviction—

(a) in England and Wales, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding the fifth level on the standard scale or to both;

(b) in Scotland or Northern Ireland, to imprisonment for a term not exceeding three months or to a fine not exceeding the fifth level on the standard scale or to both.”

(5) After subsection (4) insert—

“(4A) A person who kills an animal in contravention of section 15A above shall not be guilty of an offence by virtue of subsection (3A) above if the person shows that he did not know and had no reason to believe that the animal was a relevant protected animal (within the meaning of section 15A).”

(6) In relation to an offence committed before the commencement of paragraph 3 of Schedule 27 to the Criminal Justice Act 2003(2)—

(a) the reference to six months in subsection (A1)(b) of section 22 of the Animals (Scientific Procedures) Act 1986 (inserted by paragraph (2) above) is to be read as a reference to three months;

(b) the reference to 51 weeks in subsection (3A)(a) of that section (inserted by paragraph (4) above) is to be read as a reference to three months.

(1)

Section 332 of 2003 c.44, and section 2006 c. 45.

(2)

2003 c. 44.