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The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 No. 3039

Setting free and re-homing protected animals

This section has no associated Explanatory Memorandum

18.  After section 17 insert—

“17A    Setting free and re-homing protected animals

(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a person who holds a licence under this Act includes a reference to a person who held a licence under this Act which is no longer in force;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.”

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