Regulated procedures4
1
Section 25 (definition of “regulated procedure”) is amended as follows.
2
In subsection (1) for the words from “experimental” to the end substitute “procedure applied to a protected animal for a qualifying purpose which may have the effect of causing the animal a level of pain, suffering, distress or lasting harm equivalent to, or higher than, that caused by the introduction of a needle in accordance with good veterinary practice.”
3
After subsection (1) insert—
1A
A procedure is applied to an animal for “a qualifying purpose” if—
a
it is applied for an experimental or other scientific purpose (whether or not the outcome of the procedure is known); or
b
it is applied for an educational purpose.
4
In subsection (2)—
a
for the words from the beginning to “animal” (in the first place it occurs) substitute “A procedure applied to an animal for a qualifying purpose”;
b
in paragraph (a) omit “such”;
c
after paragraph (a) insert—
ab
each of the other procedures in the series or combination is applied for a qualifying purpose; and
5
After subsection (2) insert—
2A
A procedure applied to an animal for a qualifying purpose is also a regulated procedure if—
a
at the time the procedure is applied the animal has not attained the stage of its development when it is a protected animal;
b
the animal is to be allowed to live until after it attains that stage of its development; and
c
the procedure is likely to have the effect mentioned in subsection (1) after the animal attains that stage (whether or not it is also likely to have that effect before the animal attains that stage).
6
After subsection (3) insert—
3A
The modification of an animal’s genes is a regulated procedure if—
a
the animal is a protected animal and the modification may have the effect mentioned in subsection (1); or
b
the animal is to be allowed to live until after it attains the stage of its development when it is a protected animal and the modification may have the effect mentioned in subsection (1) after it has attained that stage (whether or not it is also likely to have that effect before the animal attains that stage).
3B
The breeding of an animal is a regulated procedure if—
a
the animal is bred from an animal whose genes have mutated or been modified or from a descendant of an animal whose genes have mutated or been modified;
b
the animal is to be allowed to live until after it has attained the stage of its development when it is a protected animal; and
c
after the animal has attained that stage the animal may experience pain, suffering, distress or lasting harm of a level mentioned in subsection (1) by reason of the mutation or modification referred to in paragraph (a).
3C
For the purposes of subsections (3A) and (3B), references to the modification of an animal’s genes include the modification before the animal comes into being of any genetic material by virtue of which it comes into being
7
Omit subsections (5) and (6).
8
For subsections (7) and (8) substitute—
7
Killing a protected animal is a regulated procedure only if—
a
it is killed for experimental or other scientific use;
b
the place where it is killed is—
i
a place that is specified in a licence granted under section 2C, or
ii
a place that is specified in a project licence by virtue of section 5(3), and
c
the method employed to kill the animal is not—
i
a method that is appropriate to that description of animal under Schedule 1, or
ii
in a case within paragraph (b)(i), a method that is specified as being appropriate to that description of animal in the licence granted under section 2C.
8
Notwithstanding anything in this section, the following are not regulated procedures—
a
non-experimental agricultural practices;
b
non-experimental clinical veterinary practices;
c
practices undertaken for the purposes of recognised animal husbandry;
d
the administration of any substance or article to an animal for research purposes in accordance with an animal test certificate granted under the Veterinary Medicines Regulations 20116;
e
the ringing, tagging or marking of an animal, or the application of any other humane procedure for the primary purpose of enabling an animal to be identified, provided that it causes only momentary pain or distress (or none at all) and no lasting harm.
8A
References in this section to “a procedure” include both invasive and non-invasive procedures.