Animals (Scientific Procedures) Act 1986

22 Penalties for contraventions.U.K.

[F1(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.]

(1)Any person who contravenes section 3 above 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, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

(2)Any person who, being the holder of a project licence—

(a)procures or knowingly permits a person under his control to carry out a regulated procedure otherwise than as part of the programme specified in the licence; or

(b)procures or knowingly permits a person under his control to carry out a regulated procedure otherwise than in accordance with that person’s personal licence,

shall be guilty of an offence and liable to the penalties specified in subsection (1) above.

(3)Any person who—

[F2(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);]

(a)contravenes section F3... 14, 15, 16, or 17 above; or

(b)fails to comply with a requirement imposed on him under section 18(3) above,

shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding the fourth level on the standard scale or to both.

[F4(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.]

(4)A person shall not be guilty of an offence under section 3 or [F517] above by reason only that he acted without the authority of a project licence if he shows that he reasonably believed, after making due enquiry, that he had such authority.

[F6(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).]

(5)A person guilty of an offence under [F7any of sections 4, 5, 6(1) and (2), 7 and 8 of the Animal Welfare Act 2006] [F8or section 1 of the M1Protection of Animals (Scotland) Act 1912] in respect of an animal at a [F9place specified in a section 2C licence] shall be liable to the penalties specified in subsection (1) above [F10(rather than any penalty by way of imprisonment or fine provided for in those Acts)].

[F11(5A) A person guilty of an offence under sections 28C or 28F(16) of the Animal Health Act 1981 (c. 22) , or sections 19 to 24, 25(7), 29 or 40(11) of the Animal Health and Welfare (Scotland) Act 2006 (asp 11) , in respect of an animal at a [F12place specified in a section 2C licence] shall be liable to the penalties specified in subsection (1) above. ]

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

F7 Words in s. 22(5) substituted (27.3.2007 for W., 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45) , s. 68(3) , Sch. 3 para. 12(1)(a) (with ss. 1(2) , 58(1) , 59 , 60 ); S.I. 2007/499 , art. 2(2)(l) ; S.I. 2007/1030 , art. 2(1)(l)

F10 Words in s. 22(5) inserted (27.3.2007 for W., 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45) , s. 68(3) , Sch. 3 para. 12(1)(b) (with ss. 1(2) , 58(1) , 59 , 60 ); S.I. 2007/499 , art. 2(2)(l) ; S.I. 2007/1030 , art. 2(1)(l)

Marginal Citations