European Communities (Amendment of Cruelty To Animals Act 1876) Regulations 2002
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: —These Regulations may be cited as the European Communities (Amendment of Cruelty to Animals Act 1876) Regulations 2002.
num: 2
paragraphs: —The Cruelty to Animals Act 1876, 39 & 40 Vict., Ch.77, 1876, as amended by the European Communities (Amendment of Cruelty to Animals Act 1876) Regulations 1994 is further amended as follows:
(a) by striking out every reference to “calculated to inflict pain” or “calculated to give pain”;
(b) by inserting the following after section 1:
“Interpretation.
1A.—(1) In this Act, unless the context otherwise requires—
‘animal’ means any live non-human vertebrate, including free-living larval and reproducing larval forms but excluding fetal or embryonic forms;
‘Authority’ has the meaning given by subsection (3) of this section;
‘bred animal’ means any animal specially bred for use in experiments in an establishment registered under this Act;
‘breeding establishment’ means any establishment where an animal is bred with a view to its use in an experiment;
‘Directive’ means Council Directive No. 86/609/EEC of 24 November 1986 on the Protection of Animals used for Experimental and other Scientific Purposes;
‘endangered animal’ means an animal considered as endangered under Appendix 1 of the Convention on International Trade in Endangered Species of Fauna and Flora and Annex C.I. of Regulation (EEC) No. 3626/82 (1);
‘establishment’ means any installation, building, group of buildings or other premises, including—
(a) a place that is not wholly enclosed or covered, and
(b) a mobile facility;
‘experiment’ means any use or re-use of an animal for experimental or other scientific purposes that may cause it pain, suffering, distress or lasting harm, including any course of action intended, or liable, to result in the birth of an animal in any such condition, but excluding—
(a) the least painful methods accepted in modern practice (humane methods) of killing or marking an animal, and
(b) non-experimental, agricultural or clinical veterinary practices;
‘experimental animal’ means an animal used or to be used in experiments;
‘farm animal’ means any animal (including fish, reptiles and amphibians) bred or kept for draught or sport purposes or for the production of food, hide, feathers or fur, but does not include any species listed in section 2(3);
‘humane method’, in relation to the killing of an animal, means the killing of the animal with the minimum of physical and mental suffering, depending on the species;
‘inspector’ means a person who holds an appointment as, or is assigned the duties of, an inspector or special inspector under section 10;
‘licensee’ means a person who holds a valid licence granted under this Act;
‘mobile facility’ includes—
(a) a ship or other vessel,
(b) a railway wagon or any other vehicle, and
(c) a container;
‘operator’, in relation to a breeding establishment, supplying establishment or user establishment means—
(a) the owner, manager or other person in charge of the establishment, or
(b) any person purporting to act in the capacity of a person referred to in paragraph (a);
‘properly anaesthetised’ means deprived of sensation by methods of anaesthesia as effective as those used in good veterinary practice;
‘registered establishment’ means any establishment registered under this Act, whether as a breeding establishment, supplying establishment or user establishment or as one or more of those establishments, and includes an establishment that was so registered before the day on which this definition came into operation;
‘supplying establishment’ means any establishment, other than a breeding establishment, from which animals are supplied with a view to their use in experiments;
‘suitably qualified person’ means a person qualified to provide advice or treatment, or both, relating to the health and welfare of experimental animals;
‘user establishment’ means any establishment where animals are used for experiments;
‘veterinary surgeon’ means a person who is registered in the register established under the Veterinary Surgeons Act 1931 .
(2) For the purposes of this Act—
(a) an experiment starts when an animal is first prepared for use in the experiment and ends when no further observations are to be made for that experiment, and
(b) the elimination of pain, suffering, distress or lasting harm by the successful use of anaesthesia or analgesia or other methods does not place an animal outside the scope of the definition of ‘experiment’.
(3) The Minister for Health and Children, being the successor to the minister to whom the functions of the Minister for Justice in respect of this Act as the successor to the Chief Secretary to the Lord Lieutenant of Ireland were transferred by Statutory Instrument No. 138 of 1950 is designated as the Authority for the purposes of the Directive and this Act, and a reference in this Act to ‘the Authority’ or the ‘Secretary of State’ is to be read as a reference to the Minister for Health and Children.
(4) A word or expression that is used both in this Act and in the Directive has, unless the context otherwise requires, the same meaning in this Act as it has in the Directive.
(5) In this Act—
(a) a reference to a section is to a section of this Act unless it is indicated that a reference to some other enactment is intended,
(b) a reference to a subsection or paragraph is to a subsection or paragraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended and