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An Act to make new provision for the protection of animals used for experimental or other scientific purposes.
[20th May 1986]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
C1Act excluded (23.1.1995) by S.I. 1994/3249, art. 3(5)
E1Act extends to Northern Ireland but the operation of s. 29 is limited by application as mentioned in s. 29(2)
I1Act not in force at Royal Assent see s.30(3); Act wholly in force at 1.1.1990.
(1)Subject to the provisions of this section, “a protected animal” for the purposes of this Act means any living vertebrate other than man.
(2)Any such vertebrate in its foetal, larval or embryonic form is a protected animal only from the stage of its development when—
(a)in the case of a mammal, bird or reptile, half the gestation or incubation period for the relevant species has elapsed; and
(b)in any other case, it becomes capable of independent feeding.
(3)The Secretary of State may by order—
(a)extend the definition of protected animal so as to include invertebrates of any description;
(b)alter the stage of development specified in subsection (2) above;
(c)make provision in lieu of subsection (2) above as respects any animal which becomes a protected animal by virtue of an order under paragraph (a) above.
(4)For the purposes of this section an animal shall be regarded as continuing to live until the permanent cessation of circulation or the destruction of its brain.
(5)In this section “vertebrate” means any animal of the Sub-phylum Vertebrata of the Phylum Chordata and “invertebrate” means any animal not of that Sub-phylum.
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 29, see s. 29(1)
(1)Subject to the provision of this section, “a regulated procedure” for the purposes of this Act means any experimental or other scientific procedure applied to a protected animal which may have the effect of causing that animal pain, suffering, distress or lasting harm.
(2)An experimental or other scientific procedure applied to an animal is also a regulated procedure if—
(a)it is part of a series or combination of such procedures (whether the same or different) applied to the same animal; and
(b)the series or combination may have the effect mentioned in subsection (1) above; and
(c)the animal is a protected animal throughout the series or combination or in the course of it attains the stage of its development when it becomes such an animal.
(3)Anything done for the purpose of, or liable to result in, the birth or hatching of a protected animal is also a regulated procedure if it may as respects that animal have the effect mentioned in subsection (1) above.
(4)In determining whether any procedure may have the effect mentioned in subsection (1) above the use of an anaesthetic or analgesic, decerebration and any other procedure for rendering an animal insentient shall be disregarded; and the administration of an anaesthetic or analgesic to a protected animal, or decerebration or any other such procedure applied to such an animal, for the purposes of any experimental or other scientific procedure shall itself be a regulated procedure.
(5)The ringing, tagging or marking of an animal, or the application of any other humane procedure for the sole purpose of enabling an animal to be identified, is not a regulated procedure if it causes only momentary pain or distress and no lasting harm.
(6)The administration of any substance or article to an animal by way of a medicinal test on animals as defined in subsection (6) of section 32 of the M1Medicines Act 1968 is not a regulated procedure if the substance or article is administered in accordance with the provisions of subsection (4) of that section or of an order under section 35(8)(b) of that Act.
(7)Killing a protected animal is a regulated procedure only if it is killed for experimental or other scientific use, the place where it is killed is a designated establishment and the method employed is not one appropriate to the animal under Schedule 1 to this Act.
(8)In this section references to a scientific procedure do not include references to any recognised veterinary, agricultural or animal husbandry practice.
(9)Schedule 1 to this Act may be amended by orders made by the Secretary of State.
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 29, see s. 29(1)
M11968 c. 67.
No person shall apply a regulated procedure to an animal unless—
(a)he holds a personal licence qualifying him to apply a regulated procedure of that description to an animal of that description;
(b)the procedure is applied as part of a programme of work specified in a project licence authorising the application, as part of that programme, of a regulated procedure of that description to an animal of that description; and
(c)the place where the procedure is carried out is a place specified in the personal licence and the project licence.
(1)A personal licence is a licence granted by the Secretary of State qualifying the holder to apply specified regulated procedures to animals of specified descriptions at a specified place or specified places.
(2)An application for a personal licence shall be made to the Secretary of State in such form and shall be supported by such information as he may reasonably require.
(3)Except where the Secretary of State dispenses with the requirements of this subsection any such application shall be endorsed by a person who—
(a)is himself the holder of a personal licence or a licence treated as such a licence by virtue of Schedule 4 to this Act; and
(b)has knowledge of the biological or other relevant qualifications and of the training, experience and character of the applicant;
and the person endorsing an application shall, if practicable, be a person occupying a position of authority at a place where the applicant is to be authorised by the licence to carry out the procedures specified in it.
(4)No personal licence shall be granted to a person under the age of eighteen.
[F1(4A)The Secretary of State shall not grant a personal licence to a person unless he is satisfied that the person—
(a)has appropriate education and training (including instruction in a relevant scientific discipline) for the purpose of applying the regulated procedures to be specified in the licence; and
(b)is competent to apply those procedures in accordance with the conditions which are to be included in the licence and to handle and take care of laboratory animals.]
(5)A personal licence shall continue in force until revoked but the Secretary of State shall review each personal licence granted by him at intervals not exceeding five years and may for that purpose require the holder to furnish him with such information as he may reasonably require.
F1S. 4(4A) inserted (5.9.1998) by S.I. 1998/1974, reg. 2, Sch. para. 2
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 29, see s. 29(1)
(1)A project licence is a licence granted by the Secretary of State specifying a programme of work and authorising the application, as part of that programme, of specified regulated procedures to animals of specified descriptions at a specified place or specified places.
(2)A project licence shall not be granted except to a person who undertakes overall responsibility for the programme to be specified in the licence.
(3)A project licence shall not be granted for any programme unless the Secretary of State is satisfied that it is undertaken for one or more of the following purposes—
(a)the prevention (whether by the testing of any product or otherwise) or the diagnosis or treatment of disease, ill-health or abnormality, or their effects, in man, animals or plants;
(b)the assessment, detection, regulation or modification of physiological conditions in man, animals or plants;
(c)the protection of the natural environment in the interests of the health or welfare of man or animals;
(d)the advancement of knowledge in biological or behavioural sciences;
(e)education or training otherwise than in primary or secondary schools;
(f)forensic enquiries;
(g)the breeding of animals for experimental or other scientific use.
(4)In determining whether and on what terms to grant a project licence the Secretary of State shall weigh the likely adverse effects on the animals concerned against the benefit likely to accrue as a result of the programme to be specified in the licence.
[F1(5)The Secretary of State shall not grant a project licence unless he is satisfied—
(a)that the purpose of the programme to be specified in the licence cannot be achieved satisfactorily by any other reasonably practicable method not entailing the use of protected animals; and
(b)that the regulated procedures to be used are those which use the minimum number of animals, involve animals with the lowest degree of neurophysiological sensitivity, cause the least pain, suffering, distress or lasting harm, and are most likely to produce satisfactory results.]
(6)The Secretary of State shall not grant a project licence authorising the use of cats, dogs, primates or equidae unless he is satisfied that animals of no other species are suitable for the purposes of the programme to be specified in the licence or that it is not practicable to obtain animals of any other species that are suitable for those purposes.
(7)Unless revoked and subject to subsection (8) below, a project licence shall continue in force for such period as is specified in the licence and may be renewed for further periods but (without prejudice to the grant of a new licence in respect of the programme in question) no such licence shall be in force for more than five years in all.
(8)A project licence shall terminate on the death of the holder but if—
(a)the holder of a certificate under section 6 below in respect of a place specified in the licence; or
(b)where by virtue of subsection (2) of that section the licence does not specify a place in respect of which there is such a certificate, the holder of a personal licence engaged on the programme in question,
notifies the Secretary of State of the holder’s death within seven days of its coming to his knowledge the licence shall, unless the Secretary of State otherwise directs, continue in force until the end of the period of twenty-eight days beginning with the date of the notification.
F1S. 5(5) substituted (5.9.1998) by S.I. 1998/1974, reg. 2, Sch. para. 3
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 29, see s. 29(1)
(1)Subject to subsection (2) below, no place shall be specified in a project licence unless it is a place designated by a certificate issued by the Secretary of State under this section as a scientific procedure establishment.
(2)Subsection (1) above shall not apply in any case in which it appears to the Secretary of State that the programme or procedures authorised by the licence require him to specify a different place.
(3)An application for a certificate in respect of a scientific procedure establishment shall be made to the Secretary of State in such form and shall be supported by such information as he may reasonably require.
(4)A certificate shall not be issued under this section—
(a)except to a person occupying a position of authority at the establishment in question; and
(b)unless the application nominates for inclusion in the certificate pursuant to subsection (5) below a person or persons appearing to the Secretary of State to be suitable for that purpose.
(5)A certificate under this section shall specify—
(a)a person to be responsible for the day-to-day care of the protected animals kept for experimental or other scientific purposes at the establishment; and
(b)a veterinary surgeon or other suitably qualified person to provide advice on their health and welfare;
and the same person may, if the Secretary of State thinks fit, be specified under both paragraphs of this subsection.
(6)If it appears to any person specified in a certificate pursuant to subsection (5) above that the health or welfare of any such animal as is mentioned in that subsection gives rise to concern he shall—
(a)notify the person holding a personal licence who is in charge of the animal; or
(b)if there is no such person or it is not practicable to notify him, take steps to ensure that the animal is cared for and, if it is necessary for it to be killed, that it is killed by a method which is appropriate under Schedule 1 to this Act or approved by the Secretary of State.
(7)In any case to which subsection (6) above applies the person specified in the certificate pursuant to paragraph (a) of subsection (5) above may also notify the person (if different) specified pursuant to paragraph (b) of that subsection; and the person specified pursuant to either paragraph of that subsection may also notify one of the inspectors appointed under this Act.
(8)A certificate under this section shall continue in force until revoked.
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 29, see s. 29(1)
(1)A person shall not at any place breed for use in regulated procedures (whether there or elsewhere) protected animals of a description specified in Schedule 2 to this Act unless that place is designated by a certificate issued by the Secretary of State under this section as a breeding establishment.
(2)A person shall not at any place keep any such protected animals which have not been bred there but are to be supplied for use elsewhere in regulated procedures unless that place is designated by a certificate issued by the Secretary of State under this section as a supplying establishment.
(3)An application for a certificate in respect of a breeding or supplying establishment shall be made to the Secretary of State in such form and shall be supported by such information as he may reasonably require.
(4)A certificate shall not be issued under this section unless the application nominates for inclusion in the certificate pursuant to subsection (5) below a person or persons appearing to the Secretary of State to be suitable for that purpose.
(5)A certificate under this section shall specify—
(a)a person to be responsible for the day-to-day care of the animals bred or kept for breeding at the establishment or, as the case may be, kept there for the purpose of being supplied for use in regulated procedures; and
(b)a veterinary surgeon or other suitably qualified person to provide advice on their health and welfare;
and the same person may, if the Secretary of State thinks fit, be specified under both paragraphs of this subsection.
(6)If it appears to any person specified in a certificate pursuant to subsection (5) above that the health or welfare of any such animal as is mentioned in that subsection gives rise to concern he shall take steps to ensure that it is cared for and, if it is necessary for it to be killed, that it is killed by a method appropriate under Schedule 1 to this Act or approved by the Secretary of State.
(7)In any case to which subsection (6) above applies the person specified in the certificate pursuant to paragraph (a) of subsection (5) above may also notify the person (if different) specified pursuant to paragraph (b) of that subsection; and the person specified pursuant to either paragraph of that subsection may also notify one of the inspectors appointed under this Act.
(8)A certificate under this section shall continue in force until revoked.
(9)Schedule 2 to this Act may be amended by orders made by the Secretary of State.
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 29, see s. 29(1)
The holder of a certificate issued under section 6 or 7 above shall pay such periodical fees to the Secretary of State as may be prescribed by or determined in accordance with an order made by him.
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 29, see s. 29(1)
(1)Before granting a licence or issuing a certificate under this Act the Secretary of State shall consult one of the inspectors appointed under this Act and may also consult an independent assessor or the Animal Procedures Committee established by this Act.
(2)Where the Secretary of State proposes to consult an independent assessor he shall notify the applicant of that fact, and in selecting the assessor he shall have regard to any representations made by the applicant.
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 29, see s. 29(1)
(1)Subject to the provisions of this section, a licence or certificate under this Act may contain such conditions as the Secretary of State thinks fit.
(2)The conditions of a personal licence shall include—
(a)a condition to the effect that the holder shall take precautions to prevent or reduce to the minimum consistent with the purposes of the authorised procedures any pain, distress or discomfort to the animals to which those procedures may be applied; and
(b)an inviolable termination condition, that is to say, a condition specifying circumstances in which a protected animal which is being or has been subjected to a regulated procedure must in every case be immediately killed by a method appropriate to the animal under Schedule 1 to this Act or by such other method as may be authorised by the licence.
[F1(2A)Without prejudice to subsection (2)(a) above, the conditions of a personal licence shall include such conditions as the Secretary of State considers appropriate to ensure that the authorised procedures are carried out in accordance with Article 8 of Council Directive No.86/609/EECF2, the text of which is set out in Schedule 2A to this Act.]
(3)The conditions of a project licence shall, unless the Secretary of State considers that an exception is justified, include a condition to the effect—
(a)that no cat or dog shall be used under the licence unless it has been bred and obtained from a designated breeding establishment; and
(b)that no other protected animal of a description specified in Schedule 2 to this Act shall be used under the licence unless it has been bred at a designated breeding establishment or obtained from a designated supplying establishment; [F3; and
(c)that no vertebrate of an endangered species shall be used under the licence;]
[F4and
(d)that no protected animal taken from the wild shall be used under the licence;]
but no exception shall be made from the condition required by paragraph (a) [F5or (d)] above unless the Secretary of State is satisfied that no animal suitable for the purpose of the programme specified in the licence can be obtained in accordance with that condition [F6and no exception shall be made from the condition required by paragraph (c) above unless the Secreatary of State is satisfied that the use of animals of the species in question will be in conformity with the Councill Regulation and that the purposes of the programme of work specified in the licence are either research aimed at the preservation of the species in question or essential bio-medical purposes where the species in question exceptionally proves to be the only one suitable for those purposes]
[F7(3A)In subsection (3) above—
“endangered species” means a species listed in Appendix 1 of the Convention on International Trade in Endangered Species of Fauna and Flora (which is set out in Annex A to the Council Regulation) or in Annex C.1 to the Council Regulation; and
“essential bio-medical purposes” has the same meaning as in Council Directive No.86/609/EECF8, and in subsection (3) above and this subsection “the Council Regulation” means Council Regulation (EEC) No. 3626/82F9 as amended by Commission Regulation (EEC) No. 869/88F10 and Commission Regulation (EEC) No. 1970/92F11.]
[F12(3B)Where a project licence authorises the setting free of a protected animal in the course of a series of regulated procedures, that licence shall include a condition requiring the prior consent of the Secretary of State to the setting free of the animal.
(3C)The Secretary of State shall not give his consent to the setting free of an animal in pursuance of a condition included in a project licence under subsection (3B) above unless he is satisfied—
(a)that the maximum possible care has been taken to safeguard the animal’s well-being;
(b)that the animal’s state of health allows it to be set free; and
(c)that the setting free of the animal poses no danger to public health or the environment.
(3D)The conditions of a project licence shall include such conditions as the Secretary of State considers appropriate to ensure—
(a)that where a protected animal has been subjected to a series of regulated procedures for a particular purpose, at the conclusion of the series a veterinary surgeon or, if none is available, another suitably qualified person determines whether the animal should be killed or kept alive;
(b)that, if that person considers that it is likely to remain in lasting pain or distress, the animal is killed by a method appropriate to the animal under Schedule 1 to this Act, or by such other method as may be authorised by the personal licence of the person by whom the animal is killed; and
(c)that where the animal is to be kept alive, it is kept at a designated establishment (subject to subsection (6D) below).]
(4)If the conditions of a personal licence permit the holder to use assistants to perform, under his direction, tasks not requiring technical knowledge nothing done by an assistant in accordance with such a condition shall constitute a contravention of section 3 above.
(5)The conditions of a certificate issued under section 6 above shall include a condition prohibiting the killing otherwise than by a method which is appropriate under Schedule 1 to this Act or approved by the Secretary of State of any protected animal kept at the establishment for experimental or other scientific purposes but not subjected to a regulated procedure or required to be killed by virtue of section 15 below; and the conditions of a certificate issued under section 7 above shall include a condition prohibiting the killing otherwise than by such a method of an animal of a description specified in Schedule 2 to this Act which is bred or kept for breeding or, as the case may be, kept at the establishment for the purposes of being supplied for use in regulated procedures but not used, or supplied for use, for that purpose.
Animals (Scientific Procedures) Act 1986