UK Offence Report

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

UK Statutory Instrument 2024 No. 296 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
5 March 2024
In force from
Not determined
Extent
Not stated
Subject
TV licensing, fare evasion and school attendance
Made under
Schedule 1 to the Animal Welfare Act 2006

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision for the protection of the welfare of primates that are kept in England. Part 1 provides that a person who keeps or is proposing to keep a primate in England on or after 6th April 2026 may only do so if the person has a primate licence under these Regulations or an exception applies. Regulation 4 specifies two exceptions for these purposes, namely where the primate is kept in a zoo under the authority of a licence granted under the Zoo Licensing Act 1981 (c. 37) or where the primate is kept in a place specified in a licence under section 2C of the Animals (Scientific Procedures) Act 1986 (c. 14). A primate licence must be obtained from the local authority in whose area the premises at which the primates are kept or to be kept are situated. A person who keeps a primate in England without a primate licence (where required) will be committing an offence under section 13(6) of the Animal Welfare Act 2006 (c. 45) (“the 2006 Act”) and will be liable on summary conviction to imprisonment for a term of up to six months, a fine or both. Part 2 sets out how an application for a primate licence is to be made, how local authorities are to determine whether to grant an application for a primate licence and how primate licences are to be renewed, varied or surrendered. Local authorities must attach the licence conditions set out in Schedule 1 to each primate licence and may charge fees in respect of applications relating to primate licences and inspections arranged under this Part. Part 3 makes it an offence for the holder of a primate licence to fail to comply with a licence condition. Any person who is convicted of this offence is liable on summary conviction to a fine. Part 3 also makes further provision for enforcement by conferring powers on local authorities to serve rectification notices and to revoke or vary primate licences. Part 4 and Schedule 2 make provision for representations and appeals to be made in relation to certain decisions made by local authorities under these Regulations. The powers of entry and search under warrant in section 23 of the 2006 Act apply to an offence under section 13(6) of the 2006 Act. Regulation 18 also makes provision for the breach of a licence condition to be treated as a relevant offence for the purposes of section 23 of the 2006 Act. Regulation 19 provides for various post-conviction powers in the 2006 Act to be exercisable in relation to offences under regulation 14. Regulation 20 requires a local authority to have regard to any guidance given by the Secretary of State in the exercise of the local authority’s functions under these Regulations. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

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