The Animal Welfare (Primate Licences) (England) Regulations 2024

PART 1 General

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Animal Welfare (Primate Licences) (England) Regulations 2024.

(2) Except as provided by paragraph (3), these Regulations come into force on 6th April 2026.

(3) The following provisions come into force on 6th April 2025—

(a) this Part, other than regulation 4;

(b) Part 2 and Schedule 1;

(c) Part 4 and Schedule 2; and

(d) regulation 20.

(4) These Regulations extend to England and Wales.

(5) These Regulations apply to the keeping of a primate in England.

General Interpretation

2.  In these Regulations—

“the Act” means the Animal Welfare Act 2006;

“keep” has the meaning given in regulation 3;

“licence conditions” means the conditions set out in Schedule 1;

“licence period”, in relation to a primate licence, means the period for which the licence has effect;

“primate” means an animal of any species, other than homo sapiens, which belongs to the order Primates;

“primate licence” means a licence under Part 2;

“suitable person”, in relation to an inspection arranged by a local authority, means—

(a)

a veterinarian; or

(b)

any other person who, in the view of the local authority, is suitably qualified and competent to carry out the inspection;

“veterinarian” means a person registered in the register of veterinary surgeons or the supplementary veterinary register kept under the Veterinary Surgeons Act 1966(1).

Meaning of “keep”

3.—(1) For the purposes of these Regulations, a person “keeps” a primate if the person has it in their possession, except where the person has it in their possession for the purposes of—

(a) preventing it from causing damage;

(b) restoring it to its owner;

(c) enabling it to undergo veterinary examination or treatment; or

(d) transporting it on behalf of another person.

(2) Where a primate ceases to be in the possession of a person who kept it in England and the primate remains in England, that person is to be regarded as continuing to keep it for the purposes of these Regulations until another person does so.

Keeping primates: licensable activity

4.  Section 13(1) of the Act applies to the keeping of a primate other than where the primate is kept in—

(a) a zoo within the meaning of the Zoo Licensing Act 1981(2) and a licence in respect of that zoo is in force under that Act; or

(b) a place specified in a licence under section 2C of the Animals (Scientific Procedures) Act 1986(3).

Licensing authority

5.—(1) The licensing authority for the purposes of these Regulations is the local authority in whose area the premises at which a primate is kept or is to be kept are situated.

(2) Where any premises are partly in the area of one local authority and partly in the area of another local authority, the premises are treated for the purposes of paragraph (1) as being in the area of the local authority in which the major part of the premises is situated.

PART 2 Primate licences: operation

Applications

6.—(1) An individual who keeps or is proposing to keep a primate at any premises in England may apply for a primate licence to the local authority in whose area the premises are situated.

(2) An application may not be made by an individual—

(a) who is under the age of 18; or

(b) who is disqualified from keeping primates.

(3) The application must specify—

(a) the name and address of the applicant;

(b) the species of primate, and the number of primates of each species to be kept under the licence;

(c) the premises where the primates are to be kept;

(d) the date from which the applicant proposes that the licence should have effect; and

(e) where the applicant requests the licence to be granted for a period of less than three years, the date on which the applicant requests the licence to expire.

(4) The application must specify, in relation to each primate proposed to be kept under the licence—

(a) its name and sex;

(b) its species;

(c) its date of birth or, if not known, its approximate date of birth; and

(d) the number of any microchip implanted in the primate.

(5) The application must specify such other information, and be in such form, as the local authority may reasonably require.

(6) For the purposes of this regulation, an individual is disqualified from keeping primates if the individual is disqualified from keeping primates of any description under—

(a) section 34(2) of the Act;

(b) section 1 of the Protection of Animals (Amendment) Act 1954(4);

(c) section 40(1) of the Animal Health and Welfare (Scotland) Act 2006(5); or

(d) section 33(1) of the Welfare of Animals Act (Northern Ireland) 2011(6).

Determination of applications

7.—(1) Before determining whether to grant an application for a primate licence, the local authority to which the application has been made must arrange for a suitable person to inspect the premises specified in the application to determine whether the licence conditions are likely to be met if the application were to be granted.

(2) Following an inspection under paragraph (1), the local authority must—

(a) if it is satisfied that the licence conditions are likely to be met if the application is granted, grant the applicant a primate licence with effect from such date as it may determine;

(b) in any other case, refuse the application.

(3) For the purposes of paragraph (2)(a), a local authority may take into account—

(a) any previous failure by the applicant to meet the licence conditions; and

(b) any other conduct of the applicant that is relevant.

Primate licences and conditions

8.—(1) When granting a primate licence under regulation 7(2)(a), the local authority must—

(a) specify in the licence—

(i) the premises where the primates are to be kept;

(ii) the species of the primates, and the number of each species, that the holder of the licence is authorised to keep at the premises;

(iii) the period of the licence; and

(iv) the period within which an application for renewal of the licence must be made to the local authority; and

(b) attach the licence conditions to the licence.

(2) The period of the licence specified under paragraph (1)(a)(iii) must be—

(a) three years; or

(b) where the applicant has requested a licence for a period of less than three years, such shorter period expiring on the date that the applicant has requested.

Variation and surrender

9.—(1) The holder of a primate licence may apply to the local authority that granted it to vary the licence so as to—

(a) reduce or increase the number of primates of any species that the holder is authorised to keep under the licence;

(b) add or remove a species of primate that the holder is authorised to keep under the licence; or

(c) change the premises specified in the licence to other premises in the area of the same local authority.

(2) On an application under paragraph (1), the local authority may grant the application and vary the licence to any extent requested.

(3) Before determining whether to vary a licence under paragraph (2), a local authority—

(a) may request further information from the holder of the licence;

(b) in the case of an application under paragraph (1)(a) or (b), may arrange for the premises specified in the licence to be inspected by a suitable person;

(c) in the case of an application under paragraph (1)(c), must arrange for the proposed new premises to be so inspected.

(4) The holder of a primate licence who proposes to surrender the licence may apply to the local authority that granted it to surrender the licence.

(5) On an application under paragraph (4), the local authority must grant the application if satisfied that the holder no longer requires the licence and, when doing so, must specify in writing the date on which the licence is surrendered.

Renewal

10.—(1) The holder of a primate licence may apply for renewal of the licence to the local authority that granted the licence.

(2) The application must be made in the renewal period specified in the licence.

(3) The application must specify such information, and be in such form, as the local authority may reasonably require.

(4) Before determining whether to grant the application, the local authority must arrange for a suitable person to inspect the premises specified in the licence to determine whether the licence conditions are likely to continue to be met if the application for renewal were to be granted.

(5) Following an inspection under paragraph (4), the local authority must—

(a) if it is satisfied that the licence conditions are likely to continue to be met if the application is granted, grant the application and renew the primate licence;

(b) in any other case, refuse the application.

(6) For the purposes of paragraph (5), a local authority may take into account—

(a) any previous failure by the applicant to meet the licence conditions; and

(b) any other conduct of the applicant that is relevant.

(7) Where a primate licence is renewed under this regulation, the local authority must specify in the licence—

(a) the further period of the licence; and

(b) the period within which an application for a further renewal of the licence must be made to the local authority.

(8) A primate licence may be renewed under this regulation any number of times.

(9) The period of the licence specified under paragraph (7)(a) must commence from the end of the most recent period for which the licence had effect and be—

(a) three years; or

(b) where the applicant has requested a licence for a period of less than three years, such shorter period expiring on the date that the applicant has requested.

(10) In paragraph (2), “renewal period”, in relation to a primate licence, means the period specified in the licence under regulation 8(1)(a)(iv) or paragraph (7)(b).

Death of the holder of a primate licence

11.—(1) This regulation applies where the holder of a primate licence (“former licence holder”) dies during the licence period.

(2) The licence is deemed to be granted to the personal representatives of the former licence holder.

(3) If the personal representatives do not notify the local authority which granted the licence of the former licence holder’s death within the period of 28 days beginning with the date of death, the licence deemed to be granted under paragraph (2) expires at the end of that period.

(4) If the personal representatives do notify the local authority of the former licence holder’s death within that 28-day period—

(a) the licence deemed to be granted to them expires at the end of the period of three months beginning with the date of the death of the former licence holder;

(b) the local authority may on application by the personal representatives extend the licence period for a further period of up to three months if satisfied that it is appropriate to do so in all the circumstances; and

(c) if before the time when the licence would otherwise expire by virtue of sub-paragraph (a) or (b) any of the personal representatives applies for a new licence under regulation 6, the licence continues to have effect until the application is determined.

Inspections of licensed premises

12.—(1) A local authority that has granted a primate licence—

(a) may, during the licence period, arrange for a suitable person to inspect the premises specified in the licence to determine whether the licence conditions are being met; and

(b) must do so at least once in that period unless the licence was granted for a period of less than one year.

(2) An inspection under paragraph (1) must be carried out at a reasonable hour.

Fees

13.  A local authority may—

(a) charge a fee in respect of any application relating to a primate licence under this Part;

(b) charge a fee in respect of any inspection which it must or may arrange under this Part.

PART 3 Enforcement

Offences

14.—(1) The holder of a primate licence who fails to comply with a licence condition commits an offence.

(2) In proceedings for an offence under this regulation, it is a defence for a person to prove that they took all reasonable precautions and exercised all due diligence to comply with the licence condition.

(3) A person who commits an offence under this paragraph is liable on summary conviction to a fine.

Rectification notices

15.—(1) If a local authority that has granted a primate licence considers that the holder of the licence is failing to meet any of the licence conditions, the local authority may serve a notice under this regulation (a “rectification notice”) on the holder of the licence.

(2) A rectification notice must—

(a) state that the local authority considers that the holder of the licence is failing to meet a licence condition, and why;

(b) specify the steps that the local authority considers that the holder of the licence needs to take to comply with the licence condition;

(c) specify a period not exceeding two years in which those steps are to be taken (“the rectification period”); and

(d) explain the effect of paragraph (3).

(3) Where a holder of a primate licence is given a rectification notice—

(a) no proceedings for an offence under regulation 14 may be instituted before the end of the rectification period in respect of the non-compliance which gave rise to the notice or any continuation of it; and

(b) if the steps specified in the notice are taken before the end of the rectification period, no such proceedings may be instituted in respect of the non-compliance which gave rise to the notice or any continuation of it prior to the taking of those steps.

(4) The local authority may extend the rectification period, and may do so more than once, so long as the rectification period as extended does not exceed two years.

Revocation or variation of a primate licence

16.—(1) A local authority that has granted a primate licence must revoke it if the holder of the licence is convicted of an offence under the Act.

(2) A local authority that has granted a primate licence may also revoke or vary the licence if the local authority is satisfied that the holder of the licence has failed to—

(a) comply with a licence condition;

(b) allow access for an inspection under Part 2;

(c) pay a fee charged under Part 2; or

(d) take the steps specified in the rectification notice.

(3) The reference in paragraph (2) to varying a primate licence is to varying it by—

(a) reducing the number of any primates of any species that is authorised to be kept under the licence; or

(b) removing any species of primate specified in the licence.

PART 4 Decisions relating to primate licences: representation and appeals

Application of Schedule 2

17.  Schedule 2 (decisions relating to primate licences: representations and appeals) has effect.

PART 5 Supplementary

Powers of entry

18.  Breach of a licence condition is to be treated as a relevant offence for the purposes of section 23 of the Act (entry and search under warrant in connection with offences).

Post-conviction powers

19.  The following sections of the Act apply in relation to a conviction for an offence under regulation 14 (and are to be read as if they included a reference to a person who had been convicted of an offence under that regulation)—

(a) section 33 (deprivation);

(b) section 34 (disqualification);

(c) section 37 (destruction in the interests of the animal); and

(d) section 42 (orders with respect to licences).

Guidance

20.  A local authority must, in the exercise of its functions under these Regulations, have regard to any guidance given by the Secretary of State.

Information

21.—(1) The Secretary of State may require a local authority to provide any of the following information to the Secretary of State—

(a) the number of primate licences in force in the authority’s area;

(b) the number of primates by species in the authority’s area kept under primate licences;

(c) the level of fees charged by the authority under these Regulations;

(d) any other information relating to the discharge of the authority’s functions under these Regulations that the Secretary of State may reasonably require.

(2) The Secretary of State may require information to be provided under paragraph (1) within such period as the Secretary of State may reasonably require, which must be at least a period of one month from the date on which the information was requested.

Douglas-Miller

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

5th March 2024