SCHEDULE
Regulation 2
AMENDMENTS TO THE ANIMALS (SCIENTIFIC PROCEDURES) ACT 1986
1. The Animals (Scientific Procedures) Act 19863shall be amended as follows.
2. In section 4 (personal licences), after subsection (4) there shall be inserted—
SCH-1.4A “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.”.
3. In section 5 (project licences), for subsection (5) there shall be substituted—
“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.”.
4.—(1) Section 10 (conditions) shall be amended as follows. (2) After subsection (2) there shall be inserted—
SCH-1.2A “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/EEC4, the text of which is set out in Schedule 2A to this Act.”.
(3) In subsection (3)—
(a)
(a) after paragraph (c)5there shall be inserted—
“and
(d)
(d) that no protected animal taken from the wild shall be used under the licence;”;
(b)
(b) after the words “paragraph (a)” there shall be inserted the words “or (d)”.
(4) After subsection (3A)6there shall be inserted—
SCH-1.3B “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.
SCH-1.3C 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.
SCH-1.3D 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).”.
(5) After subsection (5) there shall be inserted—
SCH-1.5A “5A The conditions of a certificate issued under section 6 above shall include such conditions as the Secretary of State considers appropriate to ensure—
(a) that sufficient trained staff are provided at the establishment; and
(b) that the persons who take care of protected animals at the establishment and those who supervise such persons have appropriate education and training.”.
(6) After subsection (6), there shall be inserted—
SCH-1.6A “6A The conditions of a certificate issued under section 6 or 7 above shall, if the certificate permits dogs, cats or primates to be kept or bred at the establishment in question, include...
