The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012

Minor and consequential amendments to the Animals (Scientific Procedures) Act 1986

26.—(1) Omit sections 6 and 7 (scientific procedure establishments and breeding and supplying establishments) and the italic cross-heading before section 6.

(2) Before section 8 insert the following italic cross-heading—

“Licences: general provisions”.

(3) In section 8 (fees) for “certificate issued under section 6 or 7 above” substitute “section 2C licence”.

(4) Omit the italic cross-heading before section 9.

(5) In section 9 (consultation)—

(a) in subsection (1)—

(i) for “licence or issuing a certificate” substitute “section 2C licence or a project licence”;

(ii) for “the Animal Procedures Committee” substitute “the Committee for the Protection of Animals Used for Scientific Purposes”;

(b) after subsection (1) insert—

“(1A) Before granting a personal licence under this Act the Secretary of State may consult one of those inspectors, an independent assessor or that Committee.”

(6) In section 13 (suspension in cases of urgency) omit the words “or certificate” in each place they occur.

(7) In section 15(1) (killing animals at conclusion of regulated procedures)—

(a) in paragraph (b) after “effects” insert “as a result of being subjected to the series”;

(b) for the words from “cause the animal” to the end substitute “ensure that the animal is immediately killed in accordance with section 15A”.

(8) In section 18 (inspectors), in subsection (3), for the words after “require it to be immediately killed” substitute “in accordance with section 15A”.

(9) In section 21 (guidance, codes of practice and statistics)—

(a) in the heading for “, codes of practice and statistics” substitute “and codes of practice”;

(b) in subsection (1), omit “and certificates” (in both places);

(c) in subsection (3), for “Animal Procedures Committee” substitute “Committee for the Protection of Animals Used for Scientific Purposes”;

(d) omit subsection (7).

(10) In section 22 (penalties for contraventions)—

(a) in subsection (4), for “17(a)” substitute “17”;

(b) in subsection (5), for “designated establishment” substitute “place specified in a section 2C licence”;

(c) in subsection (5A), for “designated establishment” substitute “place specified in a section 2C licence”.

(11) In section 23 (false statements), in subsection (1) omit “or certificate”.

(12) In section 25 (powers of entry) in subsection (2) for “designated establishment” substitute “place specified in a section 2C licence.”

(13) In section 26(1) (prosecutions) in subsection (1)(b) for “designated establishment” substitute “place specified in a section 2C licence”.

(14) In section 27(2) (repeal, consequential amendments and transitional provisions), in subsection (3), for “designated breeding establishment” substitute “place specified in a section 2C licence by virtue of section 2B(2)(b)”.

(15) In section 29(3) (application to Northern Ireland)—

(a) in subsection (3), for “19(6)” substitute “19(4)”;

(b) in subsection (4)—

(i) in the opening words, omit the words from “section 20(5)” to “and in”;

(ii) in sub-paragraph (a), for “the Assembly” substitute “the Northern Ireland Assembly”;

(c) after subsection (4), insert—

“(4A) In section 21A(1) above for the reference to Parliament there shall be substituted a reference to the Northern Ireland Assembly.”

(d) for subsection (6) substitute—

“(6) In section 25 above for the references to information on oath there shall be substituted references to a complaint on oath.”

(16) In section 30 (short title, interpretation and commencement)—

(a) in subsection (2)—

(i) omit the definition of “designated”;

(ii) at the appropriate places insert the following definitions—

““the Animals Directive” means Directive 2010/63/EU of the European Parliament and of the Council on the protection of animals used for scientific purposes;”

““section 2C licence” means a licence granted under section 2C.”

(b) after subsection (2) insert—

“(2A) Any reference in this Act to an Annex of the Animals Directive is a reference to the Annex as amended from time to time.”

(17) In Schedule 1(4), in the shoulder reference, for “Sections 2, 6, 7, 10, 15(1) and 18(3)” substitute “Sections 2 and 15A”.

(18) In Schedule 2(5)—

(a) for the title substitute “ANIMALS THAT ARE “RELEVANT PROTECTED ANIMALS” FOR THE PURPOSES OF SECTION 2B”;

(b) in the shoulder reference, for “Sections 7 and 10” substitute “Section 2B”;

(c) for “Mouse” substitute “Any mouse of the species Mus musculus”;

(d) for “Rat” substitute “Any rat of the species Rattus norvegicus”;

(e) for “Hamster” substitute “Any hamster of the species Mesocricetus auratus or Cricetulus griseus”;

(f) for “Rabbit” substitute “Any rabbit of the species Oryctolagus cuniculus”;

(g) for “Gerbil” substitute “Any gerbil of the species Meriones unguiculatus”;

(h) at the end of the list of animals insert—

“Any frog of the species Xenopus laevis, Xenopus tropicalis, Rana temporaria or Rana pipiens

Zebra fish”.

(19) Omit Schedule 2A(6).

(1)

Section 26 was amended by the Animal Welfare Act 2006, section 64, Schedule 3, paragraph 12(2).

(2)

Section 5(4) of the Dangerous Wild animals Act 1976 was amended the Animals (Scientific Procedures) Act 1986.

(3)

Section 29 was amended by 2006 c. 45 and 2011 c. 16.

(4)

Schedule 1 was amended by S.I. 1996/3278 and S.I. 1997/226.

(5)

Schedule 2 was amended by S.I. 1993/2103 and S.I. 1998/1674.

(6)

Schedule 2A was inserted by S.I. 1998/1974.